Are civil transactions with minors valid in Vietnam?

What are the conditions for effective civil transactions with minors in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Who are minors?

According to Clause 1, Article 21 of the Civil Code 2015, minors are persons who are under eighteen years of age.

2. Are civil transactions with minors valid in Vietnam?

Pursuant to Article 117 of the Civil Code 2015, a civil transaction shall be effective when it satisfies all of the following conditions:

- Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;

- Participants in the transaction act entirely voluntarily;

- The purpose and contents of the transaction are not contrary to the law and/or social ethics.

In addition to the above conditions, depending on the age of the minor, to determine the civil transaction of the minor, the following conditions must be met:

* For persons under 6 years old

Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.

According to Article 136 of the Civil Code 2015, the legal representatives of natural persons are:

- The father and/or mother with respect to a minor.

- The guardian with respect to a ward. The guardian of a person with limited cognition and behavior control is a legal representative if appointed by a court.

- The person appointed by a court in case where it is not able to determine the representative prescribed above.

However, Clause 2, Article 125 of the Civil Code 2015 stipulates that a civil transaction of a minor shall not be invalid in any of the following cases:

- The civil transaction of a child less than 6 years of age or a legally incapacitated person established for his/her daily needs;

- The civil transaction only either arising rights or exempting from obligations for the minor, the legally incapacitated person, the person with limited cognition and behavior control, the person with limited legal capacity and their contracting parties;

- The civil transaction of which validity is recognized by the person established such transaction that become an adult or restore his/her legal capacity.

Thus, civil transactions of minors under 6 years old will be performed by this person's representative. However, if the transaction is made to meet the person's daily necessities, it will not be void.

* For person who is from six to under eighteen years of age

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.

* For person who is from fifteen to under eighteen years of age

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, when performing civil transactions, civil transactions must meet the validity conditions stated in Article 117 of the Civil Code 2015, including:

- A civil transaction shall be effective when it satisfies all of the following conditions:

- Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;

- Participants in the transaction act entirely voluntarily;

- The purpose and contents of the transaction are not contrary to the law and/or social ethics.

- The forms of civil transactions shall be the conditions for its effectiveness in cases where it is so provided for by law.

(Article 21 of the Civil Code 2015)

Nguyen Ngoc Que Anh

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