Pursuant to Clause 1 and Clause 3, Article 27 of the 2024 Land Law, the right to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights is stipulated as follows:
- Land users are allowed to exercise the rights to convert, transfer, lease, sublease, inherit, donate land use rights; mortgage, contribute capital using land use rights according to the provisions of this Law and other relevant laws.
- Notarization and certification of contracts and documents exercising the rights of land users are carried out as follows:
a) Contracts for transfer, donation, mortgage, capital contribution using land use rights, land use rights and assets attached to land must be notarized or certified, except for the cases specified in Point b of this Clause.
b) Contracts for lease, sublease of land use rights, land use rights and assets attached to land, contracts for conversion of agricultural land use rights; contracts for transfer, capital contribution in the form of land use rights, land use rights and assets attached to land, assets attached to land in which one party or parties participating in the transaction is a real estate business organization that is notarized or certified at the request of the parties.
Thus, according to the above regulations, if parents give land orally to their children, but do not make a notarized or certified contract, the donation is invalid and not recognized by law.
