I am a grandfather and want to buy a plot of land/apartment for my grandson. So, when making a red book, how will it be recorded? The name of the child’s parents; Can I name him as a guardian or just write the child’s name or is it possible to agree to have my name on the register as grandpa and grandchild? My nephew is about 5-7 years old.

Thank you for sending questions to Khoa Tin Law Firm, hereafter, Khoa Tin Law will advise as follows:

1. Legal grounds

– Law on Land 2013.

– Civil Law 2015.

– Circular 23/2014/TT-BTNMT stipulating certificates of land use rights, ownership of houses and assets attached to land.

2. Problem Solving

Currently, the Law on Land does not mention the age of being granted a certificate of land use rights, ownership of houses and other assets attached to the land.

Articles 5 and 97 of the Land Law 2013 only stipulates that land users include households, individuals, residential communities, organizations, overseas Vietnamese, foreign organizations and individuals and the subjects granted land use right certificates are those who have land use rights, house ownership rights, and other land-attached assets.

In addition, Point a, Clause 1, Article 5 of Circular 23/2014/TT-BTNMT stipulating the recording of information about land users and owners of properties attached to land is granted the Certificate as follows: if granted For domestic individuals, write “Mr” (or “Mrs”), then write their full name, year of birth, name and number of personal papers (if any), permanent address. For personal papers that are people’s identity cards or citizen identification, write “ID card or CCCD number:…”; in the case of People’s Army ID card, write “Certificate No.:…”; In case there is no people’s identity card or citizen identification, write “Birth Certificate No….”.

Therefore, the land law does not discriminate between individuals who are adults, minors, people who have lost their civil act capacity, or people with limited civil act capacity, but only stipulate that individuals in general are eligible. be granted certificates of land use rights, ownership of houses and other land-attached assets.

So, according to the provisions of the Land Law, a 5-7 year old child in the above situation can have his name on the Certificate of land use rights, ownership of houses and other assets attached to the land.

However, according to the provisions of Article 21 of the 2015 Civil Code, there are provisions:

• Civil transactions of persons under the age of six years are established and performed by such person’s legal representative.
• Persons who are between full six years old and under fifteen years old 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. .

Thus, minors who are also subject to establishing property ownership, formed from inheritance, donation, transfer, etc., can completely put their name on the certificate of land use right and ownership rights. houses and other properties attached to land; However, when carrying out procedures for transferring land use rights, the procedures must be carried out by a representative or agreed.

For a 5-7 year old child in the above situation, the legal representative is the child’s parents.

According to the provisions of Clause 1, Article 47 of the 2015 Civil Code, wards include: “Minors who have no parents, or whose parents cannot be identified”.

In this case, the child still has a parent, so the child’s grandparent will not be able to act as a guardian.

When making a Certificate of land use rights, ownership of houses and other land-attached assets, the person named may be a child, and accompanying it, in the Certificate of land use right, home ownership and other assets attached to land must have the name of the representative; or the representative will be named in the Certificate of land use rights, ownership of houses and other assets attached to the land and in the certificate will clearly state that it is in the name of the child.

According to the provisions of Clause 2, Article 141 of the 2015 Civil Code, “The legal representative has the right to establish and perform all civil transactions for the benefit of the represented person”. Therefore, in case you want to jointly name your child in the Certificate of land use rights, ownership of houses and other assets attached to the land, an agreement is required with the child’s representative. , i.e. the child’s parents.

Above is the advice of Khoa Tin on “Being in the name of the certificate of land use rights, ownership of houses and other land-attached assets for minors”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.