Can Parents Get Their Gifted Land Back From Their Children?

The act of donating is voluntary, but numerous individuals ponder whether they can retrieve their contribution and what the legal provisions entail. This also applies to situations where parents gift their children with land and contemplate the possibility of reclaiming it. Then, can parents get their gifted land back from their children? Hence, the subsequent article authored by NT International Law Firm aims to provide you with insights to address the aforementioned query.

Regulations on donation and gifting of land use rights

Donation of Land Use Rights

A donation of land use rights is a legal agreement between the donor, who transfers the land use rights to the donee without expecting any compensation, and the donee, who accepts the land use rights.

Formalities for Donation of Land Use Rights

Donations of land use rights must be made in writing and notarized, authenticated, or registered. This ensures that the donation is legally valid and enforceable.

Registration Requirements

If the land is owned, the donation contract must be registered according to the provisions of law. This registration process ensures that the ownership rights to the land are transferred from the donor to the donee.

Effective Date of Donation Contract

The donation contract takes effect from the time of registration. If real estate does not require ownership registration, the donation contract takes effect from the time of property transfer.

Examples of Donation of Land Use Rights

Common examples of donation of land use rights include:

• Parents donating land to their children
• Grandparents donating land to their grandchildren
• Spouses donating land to each other

Tax Implications

Donations of land use rights between family members, such as between parents and children or spouses, are generally exempt from personal income tax in Vietnam.

Registration Fees

Registration fees for donations of land use rights between family members are also waived in Vietnam. However, other fees, such as surveying fees, document appraisal fees, and land change registration certification fees, may still apply.

Additional Considerations

It is advisable to consult with an attorney specializing in real estate law to ensure that the donation of land use rights is carried out in accordance with the applicable laws and regulations.

Can Parents Get Their Gifted Land Back From Their Children?

Can Parents Get Their Gifted Land Back From Their Children?

Generally, once parents gift land to their children, they cannot reclaim it. This is because a donation is a legally binding transfer of property, and the donee (the recipient of the gift) now has full ownership of the land.

Legal Basis: Article 459 of the 2015 Civil Code of Vietnam stipulates that a donation contract is an agreement between the parties whereby the donor hands over his/her property and transfers ownership rights to the donated party without requesting compensation, and the recipient agrees to receive.

However, there are a few exceptions to this rule:

• If the donation contract was conditional. This means that the parents gave the land to their children on the condition that they fulfill certain obligations, such as taking care of the parents or using the land for a specific purpose. If the children fail to fulfill these obligations, the parents may be able to reclaim the land.

Legal Basis: Article 462 of the 2015 Civil Code of Vietnam stipulates that a donation contract may include conditions, but the conditions must not contravene the law or social morals. If the recipient fails to perform an obligation required to be performed as a condition to the giving of a gift, the giver may reclaim the property.

• If the donation contract was invalid. This means that the contract was not legally binding, either because it was not made in writing or because it was obtained through threats, deception, or coercion. If the donation contract is invalid, the parents can reclaim the land.

Legal Basis: Article 127 of the 2015 Civil Code of Vietnam stipulates that a transaction that is contrary to the law, social morals, public interests, or the rights and interests of others is invalid. If a person is forced to do something against their will through threats, deception, or coercion, the transaction is also invalid.

In all other cases, parents cannot reclaim land that they have gifted to their children. This is even if the parents regret giving away the land or if the children are not using it in a way that the parents approve of.

Legal Basis: The principle of nemo dat quod non habet (no one can give what they do not have). Once the parents have gifted the land to their children, they no longer have ownership of the land and cannot reclaim it.

If you are a parent who is considering gifting land to your children, it is important to consult with an attorney to discuss your options and make sure that the donation is done correctly. This will help to protect your rights and ensure that the land is transferred to your children in a way that is legally valid and enforceable.

NT INTERNATIONAL LAW FIRM Services

NT INTERNATIONAL LAW FIRM has addressed the question of whether parents can get their gifted land back from their children. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2013 Law on Land