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Currently, there is a growing trend of children receiving gifts and inheriting real estate. Consequently, parents are increasingly concerned about whether their children can have their names listed on the official property ownership document, commonly known as the Red Book. To find out the answer to the question “Can children be named on the Red Book?”, we recommend you to read the following informative article provided by NT International Law Firm.
Cases when children can be named on the Red Book
In Vietnam, children can be named on the Certificate of Land Use Rights (the Red Book) in two main scenarios:
- Land Donation from Parents:
Under Article 459 of the 2015 Civil Code, parents can donate land to their children through a written contract, notarized or authenticated according to the law. The contract must specify the land’s details and the transfer of ownership from parents to children without compensation.
- Land Inheritance:
Based on Article 613 of the 2015 Civil Code, an heir is an individual alive at the time of inheritance or conceived before the testator’s death. Children, therefore, have the right to inherit land regardless of their age.
Conditions for Children to be Named on the Red Book
- Land Donation:
The land being donated must meet the following criteria:
- Possesses a valid Land Use Right Certificate
- Not under seizure for debt collection
- Not involved in any legal disputes
- Within the designated land use term
Land Inheritance:
- The child must be a legal heir of the deceased landowner
- The inheritance process must adhere to legal procedures
Can Children be named on the Red Book?
Article 97 of the 2013 Land Law and Article 5 of the 2013 Land Law state that individuals, households, or State agencies with land use rights, housing ownership rights, or ownership of other land-attached assets are eligible for a Red Book.
Therefore, children can be registered on the Red Book if they can prove their ownership rights.
Legal Considerations for Children’s Red Book Registration
Article 21 of the 2015 Civil Code outlines the legal representation requirements for civil transactions involving minors:
a. Children under six years old must be represented by their legal guardians for all civil transactions.
b. Children between six and fifteen years old can perform civil transactions with their legal guardians’ consent, except for transactions related to daily living needs.
c. Children between fifteen and eighteen years old can independently perform civil transactions, but transactions involving real estate, high-value movable property, or other legally specified transactions require their legal guardians’ approval.
Therefore, real estate transactions involving children must be conducted with the involvement of their legal representatives.
Consulting on the procedure of gifting children land and real estate
At NT International Law firm, we have a dedicated team of consultants who specialize in offering expert advice on donating land use rights. Our team comprises highly skilled specialists and experienced lawyers who possess extensive knowledge in the field and are well-versed in land law regulations. We are fully committed to providing comprehensive support in resolving trusted issues and ensuring that our customers receive the utmost benefits.
NT International Law Firm has addressed the question of what land without a Certificate of Land Use Rights is and what kinds of documents are needed to buy land of that kind. 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
“The article’s content refers to the regulations that were applicable at the time of its creation and is intended solely for reference purposes. To obtain accurate information, it is advisable to seek the guidance of a consulting lawyer.”
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