Today, land is a matter of concern for many people. The subject of land purchase and sale is also very diverse with many different purposes. So about the matter “Can I buy land myself when I am 18 years old in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Civil Code 2015
- Law on marriage and family 2014
- Land Law 2013
Can I buy land myself when I am 18 years old in Vietnam?
Pursuant to the provisions of Article 21 of the 2015 Civil Code, juveniles are as follows:
A minor is a person under the age of eighteen.
– Civil transactions of a person under six years of age established and performed by his/her legal representative.
Persons between full six years of age and under fifteen years of age when establishing and performing civil transactions must obtain the consent of their legal representatives, except for civil transactions in service of daily living needs appropriate to their age group. age.
– Persons between full fifteen years of age and under eighteen years of age shall establish and perform civil transactions by themselves, except for civil transactions related to real estate, movable property, which must be registered and other civil transactions according to regulations. provisions of the law must be agreed by the legal representative.
Along with that, in Article 20 of the 2015 Civil Code, adults are as follows:
– An adult is a person who is full eighteen years of age or older.
– Adults have full civil act capacity, except for the cases specified 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 stipulating the Disposal of separate property of minor children and adult children who have lost their civil act capacity, specifically as follows:
Children from full 15 years old to under 18 years old have the right to dispose of their own property, unless the property is immovable property, movable property with registered ownership, right to use or use the property for business. written consent of a parent or guardian.
Thus, according to the above regulations, compared to your case, you still cannot buy land by yourself when you are 18 years old, but you must be 18 years old to be considered an adult and be able to buy land yourself. . The principle of determining full 18 years of age is counted as passing a person’s 18th birthday.
Procedures for buying and selling land
In the content of the article below, Lawyer 247 will share with readers the general procedure applicable to the case of land use right transfer (procedure to transfer the certificate).
– The transfer of land use rights must be registered at the land registration agency and takes effect from the time of registration in the cadastral book (According to Clause 3, Article 188 of the Land Law 2013).
Accordingly, when buying and selling land, it is necessary to carry out the procedures for transferring the name (procedure for registration of land changes), if not carrying out the procedures for transferring the name, legally the land use right has not been transferred to the buyer (prone to disputes).
– The procedure for buying and selling land takes place according to the following steps: Deposit (this step alone is not required), notarization of the transfer contract, transfer the name of the certificate. Specifically:
Deposit (optional)
Clause 1, Article 328 of the 2015 Civil Code stipulates: Deposit is the handover by one party to the other party a sum of money or precious metals, gems or other valuable objects for a period of time to secure a contract or performance.
Thus, a deposit in real estate purchase and sale is understood: The buyer will transfer to the seller a sum of money to secure the conclusion and performance of the transfer contract.
Legal consequences of the deposit:
Case 1: If the contract is concluded, perform
– The deposit will be returned to the buyer or deducted from the payment.
Case 2: The intended buyer refuses to sign and perform the contract
– If you do not buy, the deposit belongs to the land owner.
Case 3: If the land owner refuses to enter into and perform the contract
– Then the land owner must return the deposit and an amount equivalent to the value of the deposit property (the deposit penalty).
Note:
If the parties have an agreement, they shall comply with the agreement.
– Note how it is written in the deposit slip (because different words can lead to different consequences).
Notarization of transfer contract
After the parties have agreed on a deposit or have not agreed to make a deposit, the contract will be notarized at the Notary Office (of the State) or a Notary Office (privately) within the province or city where the contract is located. land is as follows:
Step 1. Prepare notarization documents
According to Clause 1, Article 40 and Article 41 of the Law on Notary 2014, the parties need to prepare 01 set of documents including the following documents:
– Certificates of land use rights.
– Identity documents: ID card or ID card or passport (of both husband and wife) with expiry date.
– Registration book.
– Documents proving the marriage relationship.
– Authorization contract (if selling on behalf of someone else). – Identity documents: Identity card or citizen identification card or passport with expiry date.
– Registration book.
– Documents proving the marriage relationship.
– The notarization request form is usually prepared by the buyer according to the form of a notary practice organization, but can be agreed upon by the parties because according to regulations: The party that requests notation must pay the notarization fee. (unless the parties agree otherwise).
In addition to the above documents, the parties can prepare the contract in advance. However, it will usually require a notary organization to draft.
Step 2. Notarization of the transfer contract at a notary organization
Declare financial obligations
* Personal income tax and registration fee declaration dossiers include:
– Personal income tax declaration form No. 03/Real Estate-TNCN;
– The original registration fee declaration form No. 01.
– A copy, a photocopy of the Red Book and the individual who signs the commitment to take responsibility on that copy.
– Contract for transfer of land use rights.
– Papers as a basis for determining the subjects eligible for tax and fee exemption (if any).
* Deadline for submitting tax and fee declaration dossiers:
– In case the transfer contract does not agree that the buyer is the taxpayer on behalf of the seller, the tax declaration dossier must be submitted no later than the 10th day from the effective date of the transfer contract.
– In case the transfer contract has an agreement that the buyer is the taxpayer on behalf of the seller, the tax declaration dossier shall be submitted no later than the time of carrying out procedures for registration of ownership and use rights.
– Submit the registration fee declaration dossier together with the time of carrying out the procedures for registration of land changes (to the name of the Red Book).
Submit the application to the name of the red book
– Documents to be prepared:
+ An application for registration of changes in land and land-attached assets, made according to Form No. 09/DK;
+ The original of the issued Certificate;
+ Notarized transfer contract;
In addition, must have household registration book, identity card or people’s identity card.
Step 1. Submit application
Where to apply:
+ Land users submit dossiers at the land use right registration office under the Division of Natural Resources and Environment.
+ Households, individuals and communities shall submit dossiers at the commune-level People’s Committees if there is a need.
Step 2. Receipt of documents
Case 1: Incomplete or invalid application
– Within a maximum period of 03 days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the application as prescribed.
Case 2: The profile is enough
– The dossier-receiving agency shall record all information in the dossier-receiving book and hand over the dossier-receiving slip.
Step 3. Claim settlement
– The land use right registration office shall send cadastral information to the tax office to determine and notify the collection of financial obligations in case financial obligations must be fulfilled as prescribed.
Note to the buyer: When receiving a notice of fulfillment of financial obligations such as: land use levy, personal income tax, registration fee, etc., it shall be paid according to the amount as notified at the tax office and receipt. then keep and send it back to the land use right registration office.
Step 4. Return the result
Execution time:
+ No more than 10 days from the date of receiving valid dossiers;
+ For mountainous communes, islands, deep-lying, remote areas, areas with difficult or extremely difficult socio-economic conditions, the implementation time may be increased by 10 days.
Expenses when transferring names
– Personal income tax: Tax payable equal to 2% of the transfer value.
– Registration fee: The registration fee must be equal to 0.5% of the transfer value.
– Fees for assessment of documents (collection rate is decided by the Provincial People’s Council).
In addition, in case of transferring a part of the land plot, additional measurement fees must be paid when splitting the plot.
the region and locality.
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Frequently asked questions
Persons under the age of eighteen are minors, so if they want to carry out procedures to transfer land use rights and land-attached assets, they must have their legal representative agree. Because according to the provisions of Clause 4, Article 21 of the 2015 Civil Code, persons aged between full fifteen and under eighteen shall establish and perform civil transactions by themselves, except for civil transactions related to immovable property. property, movable property subject to registration and other civil transactions as prescribed by law must be agreed by the legal representative.
Article 117 of the 2015 Civil Code stipulates that the conditions for civil validity must fully satisfy the following conditions:
Subjects have civil legal capacity, civil act capacity in accordance with established civil transactions
Subjects participating in civil transactions are completely voluntary
The purpose and content of the civil transaction do not violate the prohibition of the law and do not violate social ethics.
Along with that, in case the law stipulates that the form of a civil transaction is a condition for the validity of a civil transaction, the form must be satisfied in order for a civil transaction to take effect.
Persons under 18 years old may conduct transactions by themselves unless otherwise provided by law. However; if this person is incapable of taking responsibility for the accuracy; If the documents are legal, this person can only perform the transaction with the consent of the representative.
Besides, attention should be paid to; The land area to be transferred here must be permitted by law to be transferred and the transferee does not fall into the cases specified in Article 191 of the 2013 Land Law.
Conclusion: So the above is Can I buy land myself when I am 18 years old in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
