Who has right to manage the estate for children under the age of 18 in Vietnam? Is it legal to organize my wedding without registering with the authority in Vietnam?

If my husband is in the name of Certificate of land use rights, do I have any rights in Vietnam?

If my husband is in the name of Certificate of land use rights, do I have any rights in Vietnam? If the Certificate of land use rights is the husband's private property, can it be entered into the common property of the couple? My husband and I have been married for 2 years, after saving time, my husband and I can buy a house, because I am quite busy at work, so in the house purchase contract, the Certificate of land use right is in my husband's name, what if later we have a dispute, my name is not in the Certificate of land use right, do I have any rights to this property? Please advise. And let me ask you more, in case my parents give me the land separately, the Certificate of land use right is the husband's private property, can it be added to the common property of the couple?

Reply:

If my husband is in the name of Certificate of land use rights, do I have any rights in Vietnam?

Legal grounds: Civil Code 2015; Law on marriage and family 2014

Article 33 of the Law on Marriage and Family 2014 provides for the common property of husband and wife as follows:

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 part of property purchased during the marriage is the common property of the husband and wife, except where the spouses are separately inherited, given separately or acquired through transactions with separate property in Vietnam.

At the same time, in Clause 1, Article 34 of the Law on Marriage and Family 2014 stipulates the registration of ownership and use rights for common property:

1. For a common property which is required by law to be registered for ownership or use, both spouses shall be named in the ownership or use right certificate, unless otherwise agreed by the couple.

2. In case only one spouse is named in the property ownership or use right certificate, transactions related to such property must comply with Article 26 of this Law. Any dispute related to that property shall be settled under Clause 3, Article 33 of this Law.

=> When registering the land use right formed during the marriage, the competent state agency will record the couple on the Certificate of land use rights. However, not in all cases the Certificate of land use rights records the names of both husband and wife, but also depends on the agreement of both parties in Vietnam.

==> From the above analysis, you and your wife buy a house but only your husband is in your name, you still have the right to that part of the property, because it was formed during the marriage. If a dispute occurs only in your husband's name, if your husband cannot prove that it is your husband's separate property, the house is still jointly owned by both husband and wife in Vietnam.

Therefore, in Article 217 and Article 218 of the 2015 Civil Code, husband and wife have equal rights to discuss the possession, use and disposition of common property. Thus, you have the right to make decisions related to the use and disposition of the house.

You can also refer to:

In what cases do the Certificate of land use rights during the marriage period be classified as separate property?

Guidelines for determining separate property of husband and wife during marriage

If the Certificate of land use rights is the husband's private property, can it be entered into the common property of the couple?

Pursuant to Article 46 of the Law on Marriage and Family 2014 stipulates as follows:

1. Separate property of a spouse shall be merged into common property according to the agreement between the husband and wife.

2. For property merged into common property whose transactions are required by law to be under a certain form, the merger agreement must ensure that form.

3. Unless otherwise agreed by husband and wife or prescribed by law, obligations related to separate property already merged into common property shall be performed with common property.

Thus, the husband is fully entitled to enter the common property when he is given a separate property in Vietnam.

Who has right to manage the estate for children under the age of 18 in Vietnam?

Regarding current legal regulations, who will manage the estate for children under the age of 18?

Reply:

Pursuant to Article 76 of the Law on Marriage and Family 2014 stipulates management of children’s own property as follows:

1. Children aged full 15 or older may themselves manage or ask their parents to manage their own property.

2. Property of children who are under 15 or children who have lost their civil act capacity shall be managed by their parents. Parents may authorize other persons to manage their children’s own property. Unless otherwise agreed by parents and children, children’s own property managed by their parents or other persons shall be given to them when they are full 15 years or older or have fully restored their civil act capacity.

3. Parents shall not manage their children’s own property when their children are under the guardianship of other persons as prescribed by the Civil Code; or when the persons giving or bequeathing under testament property to their children have designated other persons to manage such property, or in other cases as prescribed by law.

4. In case parents are managing property of their minor children or adult children who have lost their civil act capacity and their children are assigned to other guardians, the children’s property shall be delivered to the guardians for management under the Civil Code.

According to this Article, in principle, children aged 15 and over can manage their own property by themselves or ask their parents to manage them, or parents can authorize others to manage their own property in Vietnam.

Note: Parents do not manage their child's private property in case the child is being warded by another person according to the provisions of the Civil Code; the person who donates the property or leaves an inheritance according to the will to the child who has appointed another person to manage the property according to the above provisions in Vietnam.

Is it legal for couple to organize their wedding without registering with the authority in Vietnam? 

Please ask, in case one side of the family agrees to the marriage, the other family does not agree. Therefore, this couple decided to organize their own wedding and did not register their marriage, both voluntarily, will they form a legal husband and wife relationship?

Reply:

Pursuant to Clause 1, Clause 5, Article 3 and Clause 1, Article 9 of the Law on Marriage and Family 2014 stipulates as follows:

In this Law, the terms below are construed as follows:

1. Marriage means the relation between husband and wife after they get married.

5. Getting married means a man and a woman’s establishment of the husband and wife relation according to the provisions of this Law on marriage conditions and registration.

Article 9. Marriage registration

1. 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.

Thus, in principle, the marriage must be registered and performed by a competent state agency. In case both parties organize their own marriage without registering, a husband and wife relationship will be legally invalid in Vietnam. 

Best regards!