What is the sample commitment of Separate Property of Husband and Wife 2023 in Vietnam?

What is the sample commitment of Separate Property of Husband and Wife 2023 in Vietnam?

You can refer to some of the following samples of separate property commitment documents of husband and wife:

Reference sample number 1:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

COMMITMENT ABOUT SEPARATE PROPERTY OF HUSBAND AND WIFE

Today, on …../……/……, at……………….We include:…………………………

I am…….., born in….., have ID card number…… issued by the police…… on ……, registered permanent residence in……, have a wife named Mrs.…., born in …… ….., have ID card number…..issued by the police…..on….., register permanent residence at……..

Hereby, I would like to affirm: Ownership of the entire house and land use rights at: land plot No...., Map No...., address...……– according to "Certificate land use rights, ownership of houses and other assets attached to land” No. …..; Number in the certificate issuance book:………., issued by ………… on ……, is the separate property of my wife (husband) (…….);

I have no contribution to the formation of the above property and we have not had an agreement on merging this property into the common property of husband and wife.

From the date I prepare and sign this document, Ms.... has full authority to exercise the rights of the owner/user of the above property, according to the provisions of Law.

I swear:

- The information about personal identity, assets and commitment content in this document is true.

- This written commitment is made completely voluntarily, without deception or coercion and is not intended to avoid any of my personal property obligations.

- I clearly understand my legal rights, obligations and interests, the meaning and legal consequences of the commitment and agree to sign below as evidence.

Committed person

(Sign, write full name)

Reference sample number 2:

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

COMMITMENT ABOUT SEPARATE PROPERTY OF HUSBAND AND WIFE

Today, on…/…./……, at ……………………….

I am………………, born in ….., have ID card/Citizen identification number…………. issued by ……….on…………, permanent residence at:…………………., whose wife (husband) is Mrs. (Mr.)…………….., born in …., have ID card/Citizen identification number……..issued by …… on……….., permanently residing at: ………………………

I invited…. The witnesses for the preparation of this "Decree of commitment to separate property of spouse" are:

- Mr. (Mrs.): …………… born in ……, have ID card/Citizen identification number………issued by ………on date……..and

- Grandparents):……………. , born in….., have ID card/Citizen identification number……….issued by ……..on………..

I make this written commitment with the following specific contents:

Hereby, I would like to affirm: …………… (property) belongs to Ms. (Mr.)………. I make absolutely no contributions and voluntarily waive all my rights (if any) arising from the above mentioned …………….

From the date of signing this document, you have full right to dispose of the above property in accordance with the provisions of law;

I certify that the above commitment is completely voluntary, without any problems and without any conditions.

I commit that I will not file any lawsuits or disputes regarding the rights arising from the above mentioned ………… and voluntarily sign/fingerprint this document as evidence.

COMMITMENT MAKER

CONFIRMATION OF THE WITNESS

We, ………………………- the people invited by Mr. (Mrs.):……………… to witness and confirm: Mr. (Mrs.)……..has voluntarily prepared and signed this document in a state of alertness and clarity of mind. We sign below in evidence.

Reference sample number 3:

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

COMMITMENT ABOUT SEPARATE PROPERTY OF HUSBAND AND WIFE

Today, the day…. month … year ….., at ……………………….

I am: .......... Born in: .......

Identity card/Citizen identification number: ....... issued by .......... on ..........

Permanent residence at: ……………………….

And my husband is Mr.: .......... Year of birth: .......

Identity card/Citizen identification number: ....... issued by .......... on ..........

Permanent residence at: ……………………….

We are husband and wife according to Marriage Certificate No....book No......registered by the People's Committee ............. on ........

I hereby commit and take responsibility before the law for the following contents:

1. Mr. ….. is the owner, legal user of land use rights and assets attached to land at address: …………. According to the Certificate of land use rights, ownership of houses and other assets attached to land number …., number in the certificate issuance book………. issued by ……… on ………, in the name of …….

Specific information about land use rights and assets attached to land is as follows:

* Land use rights:

- Land plot number: …………………………………..…….…..

- Map number: ……………………………………..….…

- Land plot address: ……………………………………..…

- Area: … m2 (In words: …………………. square meters)

- Uses: ……………………………….…….

- Expiry date: …………………………………….....

Origin of use: Received as gift of land …………………..

* Assets attached to land:

- Kinds of house: ..........................; - Construction floor area: ..............m2

- House structure: ................................ ; - Number of floors: ................................................

- Expiry date................. ; - Year completed construction : ………….

2. I hereby commit as follows:

- The above land use rights are given to me by my spouse - Mrs. above.

- Committing private property is not intended to avoid any property obligations. This commitment document will be invalid if there are grounds to determine that the commitment document was created to avoid property obligations.

- The personal information about assets in this written commitment is true.

-This commitment document is made completely voluntarily, without deception or coercion.
- The content of the commitment document complies with legal regulations and social ethics.

- I have re-read this commitment document and agree to all of the above content, and at the same time sign and fingerprint this commitment document in the presence of a notary public.

COMMITMENT PERSON

(Sign, write full name and fingerprint)

In what cases is land use rights that a husband and wife acquire after marriage determined to be separate property in Vietnam?

In Article 33 of the Law on Marriage and Family 2014, there are regulations on common property of husband and wife as follows:

Article 33. Common property of husband and wife

1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

2. Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.

3. When exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.

Thus, the land use rights that a husband and wife acquire after marriage are determined to be separate property if the husband or wife inherits it separately, is gifted separately, or is acquired through a transaction using separate property in Vietnam.

Are property rights to intellectual property private property in Vietnam?

In Article 11 of Decree 126/2014/ND-CP, there are regulations on other separate property of husband and wife according to the provisions of law as follows:

Article 11. Other separate property of husband and wife prescribed by law

1. The economic right to intellectual property objects as prescribed by the law on intellectual property.

2. Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency.

3. Allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse.

Thus, property rights to intellectual property objects are the separate property of husband and wife in Vietnam.

When yields or profits from separate property of a spouse constitute the family’s sole livelihood, does disposition require the consent of both husband and wife in Vietnam?

In Article 44 of the Law on Marriage and Family 2014, there are regulations on possession, use and disposition of private property as follows:

Article 44. Possession, use and disposition of separate property

1. A spouse has the right to possess, use and dispose of his/her separate property, and to merge or refuse to merge separate property into common property.

2. When a spouse cannot manage his/her separate property himself/herself and does not authorize another person to manage it, the other spouse has the right to manage such property. The property management must ensure benefits for the property owner.

3. Each spouse’s separate property obligations shall be performed with his/her separate property.

4. When yields or profits from separate property of a spouse constitute the family’s sole livelihood, the disposition of such property is subject to the other spouse’s consent.

Thus, yields or profits from separate property of a spouse constitute the family’s sole livelihood, so the disposition of such property is subject to the other spouse’s consent.

Yields and profits arising from the separate assets of husband and wife include which assets in Vietnam?

Article 10 of Decree 126/2014/ND-CP stipulates that yields and profits from separate property of husband and wife include:

1. Yields from separate property of a spouse means natural produces he/she gains from his/her separate property.

2. Profits from separate property of a spouse means the profits he/she earns from the exploitation of his/her separate property.

Best regards!