Many parents wish to gift houses or land to their minor children so the children own property early. However, gifting real estate to a minor has specific legal requirements regarding form, the time of effectiveness, and the role of the legal representative. Here are 5 key notes under the 2015 Civil Code, the Land Law 2024 and the Notarization Law 2024.
1. A real-estate donation contract must be notarized or certified
Article 459.1 of the 2015 Civil Code provides that the donation of real estate must be made in a written document that is notarized, certified, or registered, where the real estate is subject to ownership registration as prescribed by law. Point a, Article 27.3 of the Land Law 2024 confirms that contracts donating land use rights, or land use rights together with assets attached to the land, must be notarized or certified. A handwritten paper or a bailiff’s minutes therefore cannot replace notarization or certification — bailiff minutes are not a substitute for a notarized document. A contract breaching the form requirement may be declared void.
2. Notarization alone is not enough — the contract takes effect only upon registration
A common mistake is assuming that once the notarized contract is signed, ownership has passed to the child. Article 459.2 of the 2015 Civil Code provides that a real-estate donation contract takes effect from the time of registration. In other words, after notarization, the parents (through the child’s representative) must still complete the change registration — transferring the certificate into the child’s name — for the transfer to be complete. Under Article 133.3 of the Land Law 2024, within 30 days from the date of the change, the land user must register the change with the competent authority. A minor child can perfectly well be named on the certificate — land law sets no age limit for land users; registration and transfer procedures are carried out by the child’s legal representative on the child’s behalf.
3. A minor contracts through a legal representative — distinguish three age groups
Article 136.1 of the 2015 Civil Code provides that “the father and mother, for a minor child” are the legal representatives of an individual; Article 73 of the Law on Marriage and Family 2014 likewise confirms that parents are the legal representatives of their minor children. The child’s “agreement to accept” the donation is expressed through this representative. Three age groups must be distinguished under Article 21 of the 2015 Civil Code: (a) under 6 years old — the representative establishes and performs transactions on their behalf; (b) from full 6 to under 15 years old — establishing and performing civil transactions requires the consent of the legal representative, except for transactions serving daily-life needs appropriate to their age; (c) from full 15 to under 18 years old — they may establish and perform civil transactions themselves, except for civil transactions relating to real estate, which require the consent of the legal representative. A child aged 15 to under 18 therefore may not accept a real-estate donation on their own without parental consent.
4. Special caution where the father or mother is both the donor and the child’s representative
This is the most sensitive legal point of such a transaction. Article 141.3 of the 2015 Civil Code provides that one individual may represent several different persons but may not, in the name of the represented person, establish or perform a civil transaction with themselves or with a third party for whom they are also the representative, unless otherwise provided by law. In notarial practice, where the father (or mother) is both the donor and the representative accepting the donation for the child, the notary usually requires the child’s other representative (the other parent) to participate and sign on the child’s behalf in accepting the donation, or requires another arrangement ensuring the objectivity of the transaction. This issue should be discussed carefully with the notary before preparing the contract — one should not assert on one’s own that the contract is “certainly void” or “always valid”. It should be added that Article 59.2 of the 2015 Civil Code prohibits a guardian from donating the ward’s property to others — but that provision applies only to guardians and may not be used to conclude that “parents may not donate land to their children”. The two regimes are entirely different.
5. Check the eligibility of the real estate and notarial jurisdiction before signing
Before preparing the contract, check whether the parcel meets the conditions in Article 45.1 of the Land Law 2024: (a) holding a certificate (except for certain special cases); (b) the land is dispute-free or disputes have been resolved; (c) the land use rights are not distrained or subject to enforcement security measures; (d) the land is within its land use term; (e) no provisional urgent measures apply. As to notarial jurisdiction, Article 44 of the Notarization Law 2024 provides that a notary may only notarize real-estate transactions within the province or city where their notarial practice organization is headquartered — a real-estate donation contract does not fall under the exceptions (wills, disclaimers of inheritance, etc.), so it must be notarized within the proper jurisdictional scope.
FAQ
Does donating houses or land to a child require notarization, or is a handwritten paper enough?
Notarization or certification is mandatory (Article 459.1 of the 2015 Civil Code; point a, Article 27.3 of the Land Law 2024). Handwritten papers and bailiff minutes cannot replace it.
Can a 16-year-old sign a land donation acceptance contract alone?
No. Real-estate-related transactions of persons aged full 15 to under 18 require the consent of the legal representative (Article 21.4 of the 2015 Civil Code). Article 125.2 on transactions that only create rights for a minor is a basis for the court to consider — not a licence to skip representative procedures; full procedures must still be followed.
Are parents prohibited from donating land to their children under Article 59 of the Civil Code?
No. Article 59 applies only to guardians, not to ordinary parent-child relationships.
References
- 2015 Civil Code (91/2015/QH13): Article 457 (property donation contracts), Article 459 (donation of real estate), Article 21 (minors), Article 136 (legal representatives of individuals), Article 141 (scope of representation), Article 59.2 (guardians may not donate wards’ property to others), Article 125.2 (civil transactions of minors).
- Land Law 2024 (31/2024/QH15): point a, Article 27.3 (donation of land use rights must be notarized or certified), Article 45.1 (conditions for exercising land user rights), Article 133.3 (deadline for change registration).
- Notarization Law 2024 (46/2024/QH15, effective from 01/7/2025): Article 44 (jurisdiction for notarizing real-estate transactions).
- Law on Marriage and Family 2014 (52/2014/QH13): Article 73 (representation of children).
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
Want to donate real estate to your child and need help with notarization and title transfer procedures? Contact FLAT Law Firm for advice.
