During the marriage, is a certificate of marital status required when transferring the land that was acquired before marriage period in Vietnam?

During the marriage, is a certificate of marital status required when transferring the land that was acquired before marriage period in Vietnam?

I owned a piece of land before, after I got married, I wanted to transfer that land, but the notary office told me to buy and sell real estate created before marriage (separate property). I will need a certificate of marital status. So is it nessessory for the Notary Office to ask for a certificate of marital status?

Reply:

According to the provisions of Article 43 of the Law on Marriage and Family 2014, there are the following provisions:

1. Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.

2. Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.

Thus, according to the provisions of the law in Vietnam, the land use rights that the husband and wife have before the marriage, if there is no other agreement (do not carry out the procedures for transferring the land use right to the name of both husband and wife, but the land use right is still only in the name of the wife) shall be considered as separate property of the husband and wife.

When carrying out procedures for transferring land use rights, one of the mandatory procedures is to notarize the transfer contract.

A dossier of request for notarization shall be made in one set according to Article 40 of the Law on Notarization 2014 stipulating the following documents:

- Notarization request form.

- Identity documents: Identity card or citizen identification card or passport with expiry date.

- Registration book.

Documents proving marriage relationship:

+ Certificate of marital status (certificate of singleness) if not married or divorced.

+ Marriage certificate if husband and wife.

In addition to the above documents, the parties can prepare a transfer contract in advance.

Thus, a certificate of marital status (certificate of singleness) in case you are not married is required to complete the notarization document of the land use right transfer contract in Vietnam.

Certificate of marital status means a document proving that the land purchased before the marriage period (before marriage) is your own property, you have the right to use, sell, donate… (according to Clause 1, Article 40 of the Law on Marriage and Family 2014).

As such, in your case of transferring the land before the marriage period, the notary office requires a certificate of marital status to be appropriate in Vietnam.

What is issuance of a certificate of marital status for marriage registration in Vietnam?

In 2015, I applied for a certificate of marital status to register my marriage with a girl in Ho Chi Minh City. After the wedding was over, before the marriage registration procedure was completed, the girl left without any news. Up to now, I am in love with another person and I have done the procedures to register my marriage, but the People's Committee of the commune where I reside requires proof that I have not completed the procedures for marriage registration with my ex-girlfriend, but I no longer keep the certificate of marital status in 2015 and it is not known where the girl resides. Please advise me to get married.

Reply:

According to the Law on Marriage and Family 2014: Marriage means the relation between husband and wife after they get married.

A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status. A marriage which is not registered under this Clause is legally invalid.

According to the provisions of Article 17 of the 2014 Civil Status Law, Article 18 of the 2014 Civil Status Law, the Commune-level People's Committees of the place of residence of either of the male and female partners shall make marriage registration.

1. The male and female partners shall submit the marriage registration declaration, made according to a set form to the civil status registration agency and must be both present at the time of marriage registration.

2. Immediately after receiving complete papers specified in Clause 1 of this Article, if seeing that the marriage conditions are fully met in accordance with the Law on Marriage and Family, the justice and civil status officer shall record the marriage in the civil status book and together with the male and female partners sign in the civil status book. The male and female partners shall both sign the marriage certificate; the justice and civil status officer shall report to the chairperson of the commune-level People's Committee to organize the handover of the marriage certificate to the couple.

In case of necessity to verify the marriage conditions of the male and female partners, the time limit for settlement is 5 working days.

Thus, if you and the first girl in Ho Chi Minh City have not yet registered your marriage, you can go to the People's Committee of the place where that girl resides and ask for a certificate about the fact that the two of you have not yet registered your marriage to carry out the procedure to cancel the old single certificate and apply for a new one so that you can register your marriage in Vietnam.

If I bought a house before I got married, do I have to consult my wife to sell it now?

Previously, I signed a contract to buy an apartment and was issued a certificate in my name. Now I want to sell this apartment, so when I went to ask for the purchase and sale procedure, the notary told that it must have my wife's consent. I signed a contract to buy a house before I got married, but now I have to ask my wife's opinion?

Reply:

Here, the problem you asked is divided into two cases:

The first case is that if the apartment you buy is issued with a certificate before marriage registration, then this is your own property and you have the right to sell it without the wife's opinion (unless this is the only house of the husband and wife, the agreement of the wife must be obtained, as prescribed in Article 31 of the Law on Marriage and Family 2014).

The second case: On the contrary, although the apartment purchase contract is signed before the marriage registration, but assuming you only pay part of the money in installments and the other part is paid after the marriage registration, then The notary's request for the wife's opinion is in accordance with the law.

So, you see which case you are in to prove to the notary about the apartment you want to sell in Vietnam.

Best regards!