Vietnam: Is multiple ownership between community indivisible joint property?

Vietnam: Is multiple ownership between community indivisible joint property? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. What is multiple ownership?

- Multiple ownership means ownership of property by more than one owner.

- Multiple ownership comprises ownership in common and joint ownership.

(Article 207 of the Civil Code 2015)

2. Is multiple ownership between community indivisible joint property?

According to Article 211 of the Civil Code 2015, multiple ownership between a community is the ownership by a family line, hamlet, village, tribal village, mountainous hamlet, ethnic hamlet, religious community or other community of property which is formed in accordance with customary practice, which is jointly contributed to and raised by the members of the community or which was given to the whole community, and property which is obtained from other lawful sources for the purpose of satisfying the common lawful interests of the entire community.

Members of a community shall jointly manage, use and dispose of multiple ownership property in the interests of the community as agreed or in accordance with customary practice, but not inconsistent with the law or social morals.

Multiple ownership property by a community is indivisible joint property.

Thus, according to the above regulations, multiple ownership property by a community is indivisible joint property.

3. What is joint ownership?

- Joint ownership means multiple ownership whereby each owner's share of the ownership rights with respect to the multiple ownership property is not specified.

Joint ownership includes divisible joint ownership and indivisible joint ownership.

- Joint owners have equal rights and obligations with respect to the multiple ownership property.

(Article 210 of the Civil Code 2015)

4. Division of multiple ownership property in Vietnam

According to Article 219 of the Civil Code 2015, division of multiple ownership property is as follows:

- Where multiple ownership property is divisible, each owner has the right to request the property to be divided. If the property must be maintained within a certain period of time as agreed by all owners or as prescribed by law, each owner only has the right to request the property to be divided upon expiry of that period. Where the property is not able to be divided in kind, it shall be valued in terms of money for the purposes of division, unless otherwise agreed.

- Where a person requests one of the owners of multiple ownership property to fulfill a payment obligation and such owner does not have private property or sufficient private property to make the payment, the requesting person has the right to request that the multiple ownership property be divided in order to receive monetary payment and such person shall be entitled to participate in the division of the property, unless otherwise provided by law.

If the shares of ownership rights are not able to be divided in kind or if such a division is opposed by the remaining owners, the requesting person has the right to request the owner with the obligation to sell to sell its share of ownership rights in order to fulfill the payment obligation.

5. What are the cases of termination of multiple ownership in Vietnam?

According to Article 220 of the Civil Code 2015, multiple ownership shall terminate in any of the following circumstances:

- The multiple ownership property has been divided;

- One of the owners of the multiple ownership property is entitled to enjoy the property in its entirety;

- The multiple ownership property no longer exists;

- Other cases as provided by law.

Nguyen Ngoc Que Anh

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