When selling land, do husband and wife need to reach an agreement in Vietnam?

When selling land, do husband and wife need to reach an agreement in Vietnam?

Pursuant to Article 43 of the Law on Marriage and Family 2014, which stipulates separate property of husband and wife:

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.

Article 33 of the Law on Marriage and Family 2014 stipulates that 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, property acquired during marriage is the common property of the couple, so the sale of land must be agreed upon by both parties, but if it is separate property, then owner of that land has the right to decide to sell. In your case, the land was given to you by your parents, so it is private property and you do not need to agree with your husband about selling the land.

When selling land, do husband and wife need to reach an agreement in Vietnam? (Image from the Internet)

When there is a divorce, what is division of land use rights in Vietnam?

According to Article 62 of the Law on Marriage and Family 2014, division of land use rights of husband and wife upon divorce as follows:

1. Land use rights being separate property of a spouse remain under his/her ownership upon divorce.

2. The division of land use rights being common property of husband and wife upon divorce shall be divided as follows:

a/ For agricultural land under annual crops or aquaculture, if both partners have the need and conditions to directly use the land, the land use rights shall be divided under their agreement. If they fail to reach agreement thereon, they may request a court to settle it according to Article 59 of this Law.

When only one partner has the need and conditions to directly use the land, that partner may continue to use the land but shall pay to the other the portion of the land use right value the latter is entitled to;

b/ When husband and wife share the right to use agricultural land under annual crops or aquaculture with their household, upon divorce, the couple’s portion of the land use right shall be separated and divided under Point a of this Clause;

c/ For agricultural land under perennial trees, forestry land for forestation or residential land, the land use rights shall be divided according to Article 59 of this Law;

d/ The division of the rights to use land of other categories must comply with the land law.

3. For husband and wife living with their family and sharing no land use rights with the latter, upon divorce, the interests of the partner who has no land use rights and does not continue to live with the family shall be settled according to Article 61 of this Law.

Best regards!