The Ministry of Agriculture and Environment received a petition from voters of Dong Nai province after the 9th session of the 15th National Assembly with the content: "Currently, when carrying out the procedures: Donation, transfer, capital contribution using land use rights or housing, it is required to have the signature of all members whose names are in the household registration, which has caused many difficulties and disadvantages for the people. Therefore, voters recommend that it is necessary to study and consider amending related legal regulations to reduce troublesome procedures for people".
Regarding this proposal, the Ministry of Agriculture and Environment has the following opinion: According to the provisions of Clause 5, Article 135 and Clause 4, Article 256 of the 2024 Land Law, "...The determination of members with shared land use rights of households to be listed on the Certificate of land use rights and ownership of assets attached to land shall be agreed upon by these members and responsible before the law".
However, the question of the National Assembly Delegation and voters of Dong Nai province is not clear whether the Certificate is issued to individuals or households using land. Therefore:
(1) If the Certificate has been granted to an individual who is a land user, the law does not stipulate that members of a household must sign a document on donation, transfer, or capital contribution using land use rights or housing.
(2) If the Certificate has been granted to a household that is a land user: According to the provisions of Clause 2, Article 212 of the Civil Code, "2. The ownership, use and settlement of common property of family members are carried out by agreement. In case of settling assets such as real estate, registered assets, assets that are the main source of income of the family, there must be the agreement of all family members who are minors with full civil act capacity, unless otherwise provided by law".
Therefore, the document on donation, transfer, or capital contribution using land use rights or housing must have the consent of all family members who are minors with full civil act capacity, unless otherwise provided by law. This content is subject to civil law. Therefore, in case there is a problem with the requirement to have the signature of all members of a household when exercising the right of a land user of a household, voters in Dong Nai province should petition the Ministry of Justice for guidance.
