Đất hộ gia đình ai có quyền bán? (Luật sư Lê Bình Phương phân tích)Who Has the Right to Sell Household Land? (Analysis by Lawyer Lê Bình Phương)

Reference translation for convenience. The Vietnamese version is the authoritative text.

Overview

“Who has the right to sell household land?” is an extremely common question when parents want to transfer a plot of land for which a household red book has been issued. Many transactions collapse at the notary office because the buyer does not understand the basic principle: household land is not the private land of the person named as head of household, but the common property of the members who hold the land use right in common.

This article analyses in detail who has the right to dispose of household land under the Land Law 2024 and the Civil Code 2015, with a real-world situation and a way to handle disputes.

Relevant Legal Provisions

Civil Code 2015 — Article 212 (Common ownership of family members): Common property of family members is disposed of by way of agreement.

Civil Code 2015 — Article 218 (Disposal of common property): The disposal of consolidated common property is carried out by agreement of the co-owners or in accordance with the law.

Land Law 2024 — Article 3: A “household using land” means persons having a marital, blood, or fostering relationship who are living together and have a common land use right at the time of being allocated land by the State, leased land, having a land use right recognised, or receiving a transfer of a land use right.

Land Law 2024 — Article 45: Requires that the land have a Certificate, be free of dispute, not be under distraint, and still be within its term of use — and, importantly: the consent of all members holding a common right is required.

⚠️ Note: From 1 August 2024, the Land Law 2024 no longer issues new Certificates in the form of a “household.” However, red books previously issued to households remain valid and apply the co-ownership rule when transferred.

Analysis and Application

According to lawyer Lê Bình Phương, the right to dispose of household land is determined through three steps:

Step 1 — Identify who is a member with a right: Based on the time the State issued the Certificate. Anyone who had a marital, blood, or fostering relationship and was living together at that time, with a common land use right, is a co-user.

Step 2 — Identify the form of disposal: Every transaction to transfer, gift, or mortgage household land requires the written consent of all members over 18 years old, signed and notarised.

Step 3 — Consequences of a missing signature: The contract may be declared partly or wholly void. The person who did not sign has the right to sue within a statute of limitations of 2 years from the date they learned their rights were infringed.

Real-World Situation

Mr K. wants to sell a 300 m² plot of land for which the State issued a Certificate in 2010 in the form “Household of Mr Nguyễn Văn A.” At the time the book was issued, the household register had 5 people: Mr A, Mr A’s wife, Mr K. (15 years old), Mr K.’s younger sister (12 years old), and the paternal grandmother (who died in 2018).

At the notary office, the notary required the signatures of the 4 living members, and the share of the deceased grandmother had to be divided by inheritance first. Mr K.’s younger sister, who is abroad, did not agree to the sale. Result: the transaction could not be carried out, and the buyer demanded the return of the deposit.

The lesson: Before signing a deposit contract for household land, the buyer must fully verify the list of household members at the time the book was issued and obtain the notarised written consent of all of them.

Frequently Asked Questions

If household land is sold but one member’s signature is missing, is the contract void? → Yes. The contract may be declared partly or wholly void.

According to lawyer Lê Bình Phương, the person who did not sign can sue to ask the court to declare the contract void within a statute of limitations of 2 years from the date they learned their rights were infringed.

Who is a household member with a right to land allocated to the household? → A person having a marital, blood, or fostering relationship, living together and holding a common land use right at the time the Certificate was issued.

According to lawyer Lê Bình Phương, the basis for verification is usually the household register at the time the book was issued, combined with confirmation from the commune-level People’s Committee.

Does a child born after the household red book was issued have a right to the land? → No. A person born after the book was issued does not automatically have a right.

According to lawyer Lê Bình Phương, their right arises only when they are gifted a share of the right or inherit it from a member who has died.

Important Notes

When buying household land, the buyer must check: the Certificate, the household register at the time the Certificate was issued, and the commune-level People’s Committee’s record verifying the list of household members. The written consent to transfer must be notarised with all signatures.

For a member who has died after the book was issued, their share of the right must be divided by inheritance first, after which the heirs may continue with the transfer transaction.

Related Articles

• Land disputes — common types and how to handle them
• Can you reclaim land lent out for many years

Conclusion

Household land is not the private property of the person named as head of household. Every transfer transaction must have the written consent of all members holding a common land use right at the time the Certificate was issued. Understanding this principle correctly helps avoid a void contract, loss of the deposit, and a dispute going to court.

See also: Who is Lawyer Lê Bình Phương?