On the basis of implementing the principles of voluntariness, progress, monogamy, and equality between husband and wife, when deciding on issues affecting common life, the consent of both spouses is required. The following article will refer to three property-related transactions that require the consent of both spouses in Vietnam.
Article table of contents
03 transactions related to property that require the consent of the husband and wife in Vietnam (Illustration)
1. Transactions related to houses being the sole domicile of husband and wife in Vietnam
Article 31 of Vietnam's Law on Marriage and Family 2014 provides as follows:
- The establishment, making and termination of transactions related to the home being the sole domicile of husband and wife shall be agreed by both of them.
In case the home is under the separate ownership of the husband or wife, the owner has the right to establish, make and terminate transactions related to that property but shall ensure domicile for the couple.
Therefore, when establishing, performing and terminating transactions related to the house as the sole residence of the husband and wife, the consent of the husband and wife must be obtained.
2. Possession, use and disposition of common property of husband and wife
- The possession, use and disposition of common property shall be agreed by husband and wife..
- The disposition of the following common property shall be agreed in writing by husband and wife in the following cases:
+ Real estate includes Land; Houses and constructions attached to land; Other property attached to land, houses and constructions; Other property as prescribed by law.
+ Movable assets which are required by law to be registered for ownership, such as seagoing vessels, inland waterway means of transport, motorized transport vehicles, fishing vessels, railway vehicles, relics, etc. relic,...
+ Assets which are the major income-generating source for the family.
Note: 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.
(According to Articles 35 of Vietnam's Law on Marriage and Family; Articles 107, 213 of Vietnam's Civil Code; Article 13 of Vietnam's Decree 126/2014/ND-CP)
3. Possession, use and disposition of separate property When yields or profits from separate property of a spouse constitute the family’s sole livelihood
According to Clause 4, Article 44 of Vietnam's Law on Marriage and Family, 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, the above are 03 cases of transactions related to property that the spouses need to pay attention to in order to have the consensus and agreement of both before making a decision to transfer rights as well as dispose of the property.
Bao Ngoc
- Key word:
- common property in Vietnam
