Is it possible to buy land by myself when I turn 18 years old in Vietnam?

Is it possible to buy land by myself when I turn 18 years old in Vietnam? 

My name is Quan and I am 16 years old. I studied hard and received a scholarship, then asked my parents to invest on my behalf, so now I have some capital. Recently I read in the newspaper that land is going up in value so I want to invest but my parents don't want to. I want to ask if I can buy land on my own when I'm 18 years old? If not, how old are eligible? Please answer.

Reply:

Pursuant to Article 21 of the 2015 Civil Code, regulations regarding minors are as follows:

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.

In addition, Article 20 of the 2015 Civil Code regulates adults as follows:

1. Adults are persons who are eighteen years of age or older.

2. Each adult shall have full legal capacity, except for the cases prescribed in Articles 22, 23 and 24 of this Code.

In addition, according to Clause 2, Article 77 of the Law on Marriage and Family 2014, it regulates the disposition of property of minor children or adult children who have lost their civil act capacity.

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.

Thus, according to current regulations compared to the case you mentioned, when you are 18 years old you still cannot buy land yourself. You must be 18 years old to be considered an adult and be able to buy land yourself. In addition, according to the principle in Vietnam, turning 18 years old is considered when a person's 18th birthday has passed.

Is it possible to buy land by myself when I turn 18 years old in Vietnam? (Image from the Internet)

Is it possible to pull electricity transmission cables through another's land in Vietnam?

I want to pull the power line home to use, but because my house is far from the power line, when pulling the power line home, I have to pull it through many people's land. Can I pull power lines through someone else's land?

Reply:

Pursuant to Article 255 of the 2015 Civil Code, there are regulations on right to install electricity transmission cables and communication cables through other immoveable properties as follows:

An owner of immoveable property has the right to install electricity transmission cables and communication cables in a reasonable manner through the immoveable property of other owners, but must ensure the safety and convenience of such owners. If damage is caused, compensation must be made.

Thus, according to the above regulations in Vietnam, you have the right to pull your electricity transmission cables through the land of many other people. However, you must ensure the safety and convenience of the landowners through whom you pull the electricity transmission cables.

In addition, in case the process of pulling the electricity transmission cable or your electricity transmission cable is not safe and causes damage, you must be responsible for compensating those who suffer damage in Vietnam.

What is division of land left by parents when there are half-siblings in Vietnam?

My parents had 2 sons, me and my brother. Then when my mother passed away, my father got married and had another brother. Due to a traffic accident, my father passed away without leaving a will. So how will the land and house my parents left behind be divided according to the law?

Reply:

According to Article 651 of the 2015 Civil Code, it is stipulated:

1. Heirs at law are categorized in the following order of priority:

a) The first level of heirs comprises: spouses, biological parents, adoptive parents, offspring and adopted children of the deceased;

b) The second level of heirs comprises: grandparents and siblings of the deceased; and biological grandchildren of the deceased;

c) The third level of heirs comprises: biological great-grandparents of the deceased, biological uncles and aunts of the deceased and biological nephews and nieces of the deceased.

2. Heirs at the same level shall be entitled to equal shares of the estate.

3. Heirs at a lower level shall be entitled to inherit where there are no heirs at a higher level because such heirs have died, or because they are not entitled to inherit, have been deprived of the right to inherit or have disclaimed the right to inherit.

If your parents die without leaving a will, the estate will be divided according to law in Vietnam. The first level of heirs includes: spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased.

If your parents have no other relatives in the first level of heirs in Vietnam, the property will be divided as follows:

Part 1. 1/2 of your mother's property value will be divided equally into 3 parts between her husband and 2 children.

Part 2. 1/2 of the remaining property value + your father's share from your mother will be divided equally between 4 people, the stepmother (if married) and 3 children.

Best regards!