What are regulations on registration of common property of husband and wife in Vietnam?

What are regulations on registration of common property of husband and wife in Vietnam?

What are regulations on registration of common property of husband and wife? Hello, my name is Pham Quoc Doanh. I am interested in learning about the provisions of law related to marriage and family, the property regime of spouses, and resolving issues related to marriage and family with foreign elements. I have a question: What are regulations on registration of common property of husband and wife? In which legal documents can I find information? Looking forward to receiving feedback. Sincerely thank!

Answer: According to the provisions of Article 12 of Decree 126/2014/ND-CP guiding the implementation of the Law on Marriage and Family, registration of common property of husband and wife is specifically regulated as follows:

1. Common property of husband and wife subject to registration under Article 34 of the Law on Marriage and Family includes land use rights and other property for which use or ownership registration is required by law.

2. For common property of husband and wife which has been registered under the name of a spouse, the other spouse is entitled to request a competent agency to grant a new certificate of ownership or land use rights in which both spouses are named.

3. In case common property is divided in the marriage period and both spouses are named in the certificate of ownership or land use rights, the spouse who receives the divided property in kind is entitled to request the property registration agency to re-grant a certificate of ownership or land use rights on the basis of the spouses’ written agreement or the court decision on division of common property.

Above is advice on registration of common property of husband and wife in Vietnam. For more detailed information, you should refer to Decree 126/2014/ND-CP.

What is determination of other lawful incomes of husband and wife in the marriage period in Vietnam?

What are regulations on other lawful incomes of husband and wife in the marriage period in Vietnam? Hello, my name is Nguyen Cong Vinh, I am looking to learn about the provisions of law related to marriage and family, property regime of husband and wife, resolving issues related to marriage and family with foreign elements. I have a question: What are regulations on other lawful incomes of husband and wife in the marriage period? In which legal documents can I find information? Looking forward to receiving feedback. Sincerely thank!

Answer: According to the provisions of Article 9 of Decree 126/2014/ND-CP guiding the implementation of the Law on Marriage and Family, other lawful incomes of husband and wife in the marriage period are specifically regulated as follows:

Other lawful incomes of husband and wife in the marriage period

1. Bonuses, lottery prizes and allowances, except the case prescribed in Clause 3, Article 11 of this Decree.

2. Property a spouse has the right to establish ownership in accordance with the Civil Code for objects which are ownerless, buried, hidden, sunk, dropped on the ground or left over out of inadvertence, stray cattle or poultry and raised aquatic animals.

3. Other lawful incomes as prescribed by law.

Above is advice on other lawful incomes of husband and wife in the marriage period in Vietnam. For more detailed information, you should refer to Decree 126/2014/ND-CP.

Is possession, use and disposition of common property agreed upon by husband and wife in Vietnam?

What are regulations on possession, use and disposition of common property agreed upon by husband and wife? Hello, my name is Nguyen Phat Dat, I am looking to learn about the provisions of law related to marriage and family, property regime of husband and wife, resolving issues related to marriage and family with foreign elements. I have a question: What are regulations on possession, use and disposition of common property agreed upon by husband and wife? In which legal documents can I find information? Looking forward to receiving feedback. Sincerely thank!

Answer: According to the provisions of Article 13 of Decree 126/2014/ND-CP guiding the implementation of the Law on Marriage and Family, possession, use and disposition of common property agreed upon by husband and wife are specifically regulated as follows:

1. The possession, use and disposition of common property shall be agreed by husband and wife. In case a spouse establishes and makes transactions related to common property to meet the family’s essential needs, such shall be regarded as having been agreed by the other spouse, except the case prescribed in Clause 2, Article 35 of the Law on Marriage and Family.

2. When a spouse disposes of common property in violation of Clause 2, Article 35 of the Law on Marriage and Family, the other spouse may request a court to declare such transaction invalid and settle legal consequences of the invalid transaction.

In particular, Clause 2, Article 35 of the Law on Marriage and Family stipulates possession, use and disposition of common property in the following cases:

2. The disposition of the following common property shall be agreed in writing by husband and wife:

a/ Real estate;

b/ Movable assets which are required by law to be registered for ownership;

c/ Assets which are the major income-generating source for the family.

Above is the content of advice on possession, use and disposition of common property agreed upon by husband and wife in Vietnam. For more detailed information, you should refer to Decree 126/2014/ND-CP.

Best regards!