Currently, there are many cases where children have been given, gifted, or inherited real estate. However, in actual cases, they do not know if they can own a red book or not. Does the law regulate the age of a person to own real estate? What should you note about this problem? In this article, LSX legal firm will answer the question: “How old can you write your name in a red book in Vietnam?”
Legal grounds
- Land Law 2013
- Civil Code 2015
How old can you write your name in a red book?
According to Clause 1, Article 97 of the Land Law 2013, a certificate of land use rights and ownership of houses and other land-attached assets is granted to those who have land use rights and the ownership of houses and other land-attached assets, which is made according to a form used uniformly nationwide.
The Minister of Natural Resources and Environment shall issue specific regulations on the certificate of land use rights and ownership of houses and other land-attached assets.
Besides, the land use rights holders defined in Article 5 of the Land Law 2013 include:
- Firstly, domestic organizations, including state agencies, people’s armed forces units, political organizations, socio-political organizations, economic organizations, socio-politico-professional organizations, social organizations, socio-professional organizations, public non-business organizations, and other organizations as prescribed by the civil law (below referred collectively to as organizations).
- Secondly, domestic households and individuals (below referred collectively to as households and individuals).
- Thirdly, communities, including Vietnamese communities residing in the same village, street quarter, or similar residential area that share the same customs and practices or the same family line.
- Fourthly, religious establishments, including pagodas, churches, oratories, shrines, monasteries, abbeys, religious schools, head offices of religious organizations, and other religious establishments.
- Fifthly, foreign organizations with diplomatic functions, including diplomatic representative missions, consulates, other foreign representative agencies with diplomatic functions recognized by the Vietnamese Government, representative missions of organizations of the United Nations, inter-governmental agencies or organizations, and representative missions of inter-governmental organizations.
- Also, overseas Vietnamese as prescribed by the nationality law.
- Lastly, foreign-invested enterprises.
Thus, the land law does not discriminate or stipulate the age to register the name of the Red Book, but the person who has the right to use land owns a house and owns other properties attached to the land that granted a Red Book.
The right to name in the red book restricted by the Civil Code?
Currently, a person has the right to use land when recognized by the State due to reclamation, long-term of use … or more commonly by the form of land use right transfer such as Transfer, donation, inheritance…
Article 613 of the Civil Code 2015 stipulates that “an heir means an individual, such person must be alive at the time of commencement of the inheritance or, if such person is born and alive after the commencement of inheritance, must have been conceived prior to the time when the deceased dies”
Accordingly, an heir who inherits a land use right only needs to:
- Still alive at the time of opening the inheritance (the time the person leaving the estate died);
- Or born after the time of opening the inheritance but became a fetus before the person leaving the estate died.
Whether a person who has just given birth or has not yet given birth but has become pregnant before the person leaving the estate dies, his/her baby still has the right to inherit the land use right as an inheritance.
However, the Civil Code 2015 also stipulates 04 age level with different conditions for participating in transactions, especially real estate transactions.
Age level for participating in transactions
- Firstly, under 06 years old, the legal representative of that person will establish and perform the transaction (on behalf).
- Secondly, from full 6 years old to under 15 years old, when establishing and performing civil transactions, that person must obtain the consent of the legal representative, except for civil transactions serving daily living needs appropriate to age.
- Thirdly, from full 15 years old to under 18 years old, establish and perform civil transactions by themselves, except for civil transactions related to real estate, and movable property with registration (must have the approval of the legal representative).
- Fourthly, from the full 18 years of age, individuals may establish and perform all civil transactions that the law does not prohibit.
Note when giving people under 18 years old land use rights?
When carrying out the procedures for donating land use rights to minors, people should note that:
- Minors are persons who are under eighteen years of age.
- The legal representative will establish and perform the civil transactions of each child under six years of age.
- Each person 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 performed for the purpose of meeting the needs of daily life suitable for the age group.
- Each person from fifteen to under eighteen years of age has the right 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 subject to the consent of his/her legal representative.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations in business suspension;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
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Related questions
1: Prepare documents.
2: Sign the documents at the notary office.
3: Submit your application.
4: Fulfill tax obligations.
5: Get the result.
Certificate issuance fee (new cover making fee): 100,000 VND/time/paper.
Fees for assessment of documents are regulated by the People’s Councils of provinces and cities.
Having the certificate, except the case prescribed in Clause 3, Article 186 and the case of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
The land is dispute-free;
The land use rights are not distrained to secure judgment enforcement;
Within the land use term.
Contact LSX
Finally, hope this article is useful for you to answer the question about “Establishing a representative office of a foreign company in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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