Usually, before getting married, couples will have to apply for a certificate of marital status to prove their marital status. However, a lot of people wonder whether they can use this certificate for other purposes or not. Indeed, many couples do not know that they can use this certificate for activities such as land purchases and sales. So, in this article, LSX legal firm gives you information about: “Certificate of marital status in transferring red book in Vietnam”
Legal grounds
- Law on Marriage and Family 2014
- Law on Land 2013
- Law on Civil Status 2014
Land use right (red book) and marriage relation
Under the provisions of the Law on Land 2013, the land use right (red book) of an individual or organization established from the time of issuance of the certificate of land use right. Accordingly, individuals and organizations named in the land use right certificate have the right to exercise all rights to their land, including the right to transfer, donate, mortgage, contribute capital…
However, according to the provisions of the Law on Marriage and Family 2014, the law considers assets like real estate established during the marriage period as the common property of husband and wife. When you want to transfer this land, you must get the consent of both husband and wife. In fact, when buying and selling land, the competent authority will often require the transferee to provide a certificate of his or her marital status to prove the common or separate property of the individual.
Article 33. 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.
The power to issue certificates of marital status
Article 21 of Decree 123/2015/ND-CP details a number of articles and guidance to implement the law on civil status 2014 stipulating the competence to issue certificates of marital status as follows:
- The People’s Committee of the commune where a Vietnamese citizen permanently resides shall issue him/her with a certificate of marital status.
- If the Vietnamese citizen has no permanent residence but has a temporary residence registered as prescribed in law on the residence, the People’s Committee of the commune where he/she has registered temporary residence shall issue him/her with a certificate of marital status.
- This also applies in the case of issuance of the certificate of marital status to a foreigner or a stateless person residing in Vietnam upon his/her request.
Validity of certificate of marital status
A certificate of marital status shall remain valid for 6 months from the date of issue.
The certificate of marital status shall be used for the purpose of marriage at a competent authority in Vietnam, or at a competent authority overseas, or for other purposes.
The certificate of marital status shall be invalid if being used for a purpose other than those specified in the certificate.
Procedures for issuing certificates of marital status
- An applicant for a certificate of marital status shall submit an application. If the application for a certificate of marital status submitted for the marriage purpose, the applicant shall satisfy all conditions for marriage as prescribed in the Law.
- If the applicant for a certificate of marital status entered into marriage before but obtained divorce then, or his/her spouse died, he/she must present or submit valid documents proving such status; in case of the circumstance prescribed in Clause 2 Article 37 of this Decree, a respective copy of vital records required.
- Within 3 working days from the date of reception of satisfactory application, the civil status official shall verify the applicant’s marital status. If the applicant meets all conditions and the issuance of certificate of marital status complies with law, the civil status official shall request the President of People’s Committee to issue one certificate of marital status to the applicant. Contents of certificate of marital status shall be consistent with the applicant’s current marital status and purpose of the certificate.
- If the applicant has registered permanent residence in multiple places, he/she must prove his/her marital status. If the applicant fails to produce such evidence, the civil status official shall report it to the President of People’s Committee of commune; the President shall request People’s Committees of communes where the applicant had registered permanent residence in writing to verify the marital status.
- Within 3 working days from the date of reception of written request, the requested People’s Committee shall verify and respond in writing to the requesting People’s Committee in terms of the applicant’s marital status during his/her residence in the commune.
- As soon as practicable after receiving such response, if there are substantial grounds, the People’s Committee of commune shall issue a certificate of marital status to the applicant.
Can a wife authorize her husband to sell land?
Land belongs to the private property of the husband or wife
When the wife wants to sell the land in her name (which belongs to the wife’s private property). However, because of reasons, she wants to authorize her husband to carry out legal procedures on her behalf to sell the land. The wife has authorized her husband to carry out the land purchase and sale activities on her behalf through the authorization contract between the husband and wife.
In terms of the subjects of the authorization contract: the authorizing party (the wife); and the authorized party (the husband). Accordingly, the husband will act on behalf of and for the sake of his wife’s interests to exercise and perform the transactions specified in the authorization contract. As the case above is a personal authorization. The conditions for the authorized person to legally authorized: a person with full civil act capacity.
At the same time, according to the provisions of Article 194 of the Civil Code 2015 on the right to dispose of the owner: “Owners shall have the right to sell, exchange, give, loan, bequeath, renounce or ownership rights, right to use, destruct or implement other forms of disposal in conformity with the law on property.”
Besides, Article 195 provides for the right to dispose of non-owners: “A non-owner of property shall only have the right to dispose of the property pursuant to authorization from the owner or in accordance with provisions of the law.”
Thus, the husband here is not the property owner. He only has the right to dispose of the property as authorized by the owner (the wife). The authorized person must perform the authorized contents and must not perform beyond the scope of authorization.
In this case, the wife can completely authorize her husband to exercise the rights within the scope of the wife’s authorization.
Land belongs to the common property of husband and wife
Article 35 of the Law on Marriage and Family 2014 provides for the disposition of marital property as follows:
“1. 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:
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.”
So, when a husband and wife want to transfer land use rights and assets attached to the land, they must reach an agreement with each other. Therefore, the wife must make a power of attorney to authorize her husband to sell the land.
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Contact LSX
Finally, hope this article is useful for you to answer the question about “Certificate of marital status in transferring red book in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
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- Documents to apply for land use extension in Vietnam
- Settlement of deposit contract disputes when buying land in Vietnam
Related questions
Certificate of marital status is a personal document that prove to your marital status, confirm you are single, divorced, married, etc., when you want to make a transaction. Or a certain procedure such as: Marriage registration, bank loan mortgage, etc.
Based on the socio-economic conditions in the locality where the applicant applies for a certificate, charge and fee collection activities arise, the provincial-level People’s Councils shall prescribe the appropriate charge and fee collection rates.
Firstly, declaration according to the prescribed form
In case you apply a certificate of marital status for marriage, you must fully satisfy the marriage conditions as prescribed by the Law on Marriage and Family.
Secondly, valid documents to prove in case the applicant for confirmation of marital status is married but divorced or the spouse has died.
Thirdly, a copy of the relevant civil status extract if falling into the case specified in Clause 2, Article 37 of Decree 123/2015/ND-CP.
Conclusion: So the above is Certificate of marital status in transferring red book in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
