In what cases children's signatures are required to sell land?

In this article, let’s learn about cases where children’s signatures are required to sell land with PL & Partners Law Firm.

Land and house are two of the most valuable assets. Therefore, the transactions of buying, selling and transferring land are stipulated specifically and clearly by law. Hence, there are regulations on cases where children’s signatures are required to sell land.

So in which case parents selling land need to have their children’s signatures? In which case it is not necessary?

Let’s find out about this issue with PL & Partners Law Firm in this article.

1. CASES OF ISSUE OF LAND USE RIGHTS CERTIFICATE FOR FAMILIES.

First, we need to know about the cases of granting land use rights certificate for families.

Simply put, land use rights certificates (also known as the red book) are usually issued to following subjects:

Land use rights granted to an individual of the family.
Land use rights granted to husband and wife as the common property.
Land use rights granted to households.

Each case will have a different nature.

*There are 03 cases of granting land use rights certificate for the family.*

1.1 Land use rights granted to an individual of the family.

In this case, the land use rights belongs to the individual, and that person shall make decisions about the land at his/her own discretion.

For example:

Mr. Binh and Mrs. An have two children in their family. In which Mr. Binh was gifted a piece of land by his parents before he got married and had children. The red book of the land also states his name alone. Thus, Mr. Binh has the right to transfer or gift the land without consulting anyone else.

1.2. Land use rights granted to husband and wife as the common property.

In this event, the land use rights belongs to the couple. At that time, only the consent of both is required to transfer the land.

For example:

Mr. Binh and Mrs. An own a piece of land and their names are stated on the red book. Therefore, if they want to sell the land, they just need to agree with each other, no need for their children’s consent.

1.3. Land use rights granted to households.

Pursuant to Article 3.29 of the Land Law 2013, it can be understood that the land use rights granted to households are issued to those who:

Have marriage, blood, and nurturing relations in accordance with the law on marriage and family
Live together at the time of land allocation, land lease, recognition of land use rights or receipt of land use rights by the State.
Have common land use rights at the time the land use rights certificate is issued.

For example:

The land of Mr. Binh and Mrs. An is allocated to the household. Then, on page 1 of the Land Use Rights Certificate, it will state that “The household of Mr…” or “The household of Mrs…”

2. IN WHAT CASES CHILDREN’S SIGNATURES ARE REQUIRED TO SELL LAND?

In the three cases of granting land use rights certificate for the family mentioned above, in the third case: “Land use rights granted to households”, children’s signatures are required to sell land.

In Article 64.1 of Decree 43/2014/ND-CP and Article 14.5 of Circular 02/2015/TT-BTNMT, there are regulations on co-ownership of land use rights.

Specifically:

“Transactions relating to land use rights and ownership of land-attached assets can only be performed when it has been agreed in writing by members who are co-owners of land use rights in the household and that writing has been notarized or certified in accordance with the law.”

Taking the example of Mr. Binh & Mrs. An’s family, they have two children. Their family has a piece of land allocated to the household (In the certificate, it says, “The household of Mr….” or “The household of Mrs….”.

At that time, both Mr. Binh, Mrs. An and their two children were identified as co-owners of the land use rights. If they want to sell it, it is necessary to have the consent of all four people and this consent must be shown in notarized or certified writing.