On May 13, 2026, the Department of Civil and Economic Laws (under the Ministry of Justice) issued Official Dispatch No. 498/DSKT-PLDSTM&KHCN (“Official Dispatch 498”) to reply to the Haiphong Notary Association regarding several difficulties arising from the implementation of the 2024 Land Law, the 2015 Civil Code, and the 2014 Law on Marriage and Family.
Official Dispatch 498 also provides key guidelines aimed at unifying the application of laws to determine whether land use rights constitute common property or separate property of a married couple.
1. Land Use Right Certificate (Red Book) Bearing the Name of Only One Spouse Does Not Automatically Imply Separate Property
The Ministry of Justice affirmed that the recording of only one spouse's name on the Certificate of Land Use Rights does not automatically establish it as the separate property of that individual.
Under the 2014 Law on Marriage and Family, land use rights acquired during a marriage are, in principle, considered the common property of both spouses, except where such rights are acquired through separate inheritance, separate donation, or when there are grounds to prove they are separate property.
This is a critical point to note when executing transactions involving the transfer, donation, or mortgage of land use rights.
Therefore, when notarizing transactions related to land use rights, even if the Certificate bears the name of only the husband or the wife, notaries will by default treat it as common marital property. Notaries are entitled to request the applicant to provide documents proving the origin and legal status of the property, such as Wills, Agreements on the Division of Inherited Estate, separate deeds of donation, waivers of property rights signed by the other spouse, or Certificates of Land Use Rights explicitly specifying the origin of the property.
2. Property of a Spouse Recorded on a Household's Certificate of Land Use Rights May Still Constitute Common Marital Property
The identification of household members to be recorded on a Certificate of Land Use Rights is based on the mutual agreement of the family members themselves. Consequently, in practice, there are cases where only biological parents, brothers, or sisters are recorded, while daughters-in-law or sons-in-law are excluded from household membership.
In reality, many state agencies and organizations often determine the eligibility of household members to enjoy land use rights based solely on the household information printed on the Certificate. This practice is inconsistent with Clause 25, Article 3 of the 2024 Land Law and adversely affects the rights and interests of the concerned parties.
Accordingly, Official Dispatch 498 clarifies that if a household member was married at the time of the land allocation/grant, but their spouse was not recognized as a household member on the Certificate of Land Use Rights, the portion of land use rights belonging to that member is still deemed common marital property. This rule applies unless there are grounds to prove it is separate property or the spouses have agreed otherwise in accordance with the law.
3. Notarization of Agreements on the Identification of Household Land Users Is Not Mandatory
The 2024 Land Law allows family members to mutually agree and take personal responsibility for identifying which members share the household's land use rights. Therefore, current legislation does not mandate the notarization or authentication of such agreement documents. If citizens request, notary offices may perform the authentication of signatures in accordance with regulations, rather than bearing responsibility for the substantive content of the document being authenticated.
In conclusion, Official Dispatch No. 498 has provided explicit guidance on several issues that previously triggered conflicting interpretations in the practical application of the 2024 Land Law and the 2015 Civil Code. This includes the determination of land use rights and the identification of parties with related rights and interests within marital and household contexts. These guidelines are of vital importance for the execution of land transactions, as well as for resolving disputes, handling inheritances, dividing property upon divorce, or disposing of secured assets involving land use rights.
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