Land Registered Under a Household: Whose Signatures Are Required Upon Transfer?

1. How is a "Land-using household" understood under current law?

Pursuant to Clause 25, Article 3 of the 2024 Land Law, a land-using household is defined as individuals who share marital, blood, or adoptive/foster relationships under the law on marriage and family, who were cohabiting, and who shared common land use rights at the time the State allocated land, leased land, recognized land use rights, or received a transfer of land use rights prior to the effective date of the 2024 Land Law.

This provision demonstrates that not everyone residing within the same household at the time of the transfer automatically holds rights to the land parcel. Conversely, it is necessary to identify who genuinely shared land use rights at the precise moment the land use right was established.

2. Is the person named on the Certificate the sole signatory?

The answer is that one cannot solely rely on the representative's name stated on the Certificate to conclude that such person has the right to unilaterally sell (transfer) the land.

For instance, in 2001, the State allocated a parcel of land to a household. At that time, the household comprised Mr. A, Mrs. B, and two children living together, all holding shared land use rights under the law. The Certificate was issued with the inscription "Household of Mr. Tran A". Years later, Mr. A wishes to sell the entire parcel of land.

In this scenario, the Certificate stating only "Household of Mr. Tran A" does not imply that Mr. A is the sole entity. If the remaining members are determined to share land use rights, the right of disposal must be exercised in accordance with regulations on common ownership.

Article 212 of the 2015 Civil Code governs the common ownership of family members cohabiting; the possession, use, and disposal of common property shall be carried out by agreement. For real property, disposal must additionally comply with civil and land legislation.

3. Specifically, who must sign the transfer contract?

There is no fixed list that applies to all cases involving "household land". Notary bodies, Land Registration Offices, and Courts, when resolving disputes, must examine the origin of the land, the timing of the establishment of land use rights, and the members holding shared land use rights.

• Where only one person holds the land use right: If it can be substantiated that the land use right factually belongs to a single individual, that individual may execute the transfer in accordance with the law.

• Where multiple members share land use rights: If, at the time of rights establishment, multiple members met the criteria as co-holders of land use rights, transferring the entire parcel requires the participation and consent of all entitled persons. A person not signing directly may grant a power of attorney to another, provided that statutory conditions on representation, authorization, and formal transaction requirements are satisfied.

• Where a member is deceased: That person's name cannot simply be omitted from the transaction. Prior to the transfer, the deceased's share of rights must be determined, and estate/inheritance matters must be resolved under the Civil Code.

• Where a member is a minor: If a minor shares land use rights, disposing of their portion must proceed through their legal representative and adhere to legal provisions on representation and the protection of minors' interests.

Legal grounds: The 2015 Civil Code regarding common ownership, representation, and inheritance; the 2024 Land Law regarding co-holders of land use rights.

4. Residing in the same household does not automatically necessitate signing

A common misconception is that all children, parents, or relatives currently cohabiting in the home must sign the transfer contract. This is incorrect.

Suppose that in 2005, a land-allocated household consisted of Mr. A, Mrs. B, son C, and daughter D. In 2015, daughter D got married and relocated elsewhere. In 2020, C and his spouse gave birth to child E.

If land use rights to the parcel were established in 2005, determining the entitled individuals must rely on that point of establishment and who genuinely held rights at that time (namely Mr. A, Mrs. B, son C, and daughter D)—not merely whoever is currently living in the household.

This is a critical distinction to note when handling transactions involving Certificates issued to households many years ago.

5. Practical case study: A single signature can determine the contract's validity

Suppose Mr. A and Mrs. B were issued a Certificate stating "Household of Mr. Tran A". At the time of land allocation by the State, Mr. A, Mrs. B, and two children, C and D, belonged to the household and were recognized as sharing land use rights.

Later, Mr. A unilaterally executed a contract to transfer the entire land parcel to Mr. X without the consent of Mrs. B, C, or D. Mr. X made full payment and took possession of the land.

Subsequently, Mrs. B and the children initiated a lawsuit asserting that Mr. A had no legal right to unilaterally sell the entire property.

In resolving the dispute, it became necessary to clarify the origin of the land, the time of State allocation, household members at that point, who held shared rights, whether Mr. A held valid authorization, how the contract was notarized/certified, and whether the transferee knew or should have known about the status of the land use rights.

If it is established that other individuals genuinely held shared land use rights and did not consent to the transfer, Mr. A's unilateral disposition may jeopardize the validity of the transaction and the rights of the transferee.

6. Crucial amendments under current law

The 2024 Land Law has restructured the approach toward land-using households, focusing on identifying the actual co-holders of land use rights rather than relying strictly on the "household" designation on the Certificate.

For cases where Certificates were issued to households prior to the effective date of the 2024 Land Law, determining each individual's rights must be based on transitional provisions and specific legal dossiers.

Therefore, when transacting land originating from a "household", verifying the root records is often far more vital than simply looking at the name line on the Certificate.

7. What should buyers (transferees) do to mitigate risks?

Before signing an agreement, a transferee should at least verify the following:

• Carefully inspect the Certificate of Land Use Rights, paying particular attention to how the land user is designated;

• Determine the origin of the land use rights: whether allocated by the State, recognized, or acquired via transfer;

• Identify household members who shared land use rights at the time rights were established;

• Verify marital status, inheritance events, and demographic changes related to the land use rights;

• If any co-owner does not sign directly, review the written power of attorney and its scope of authorization;

• In the event a member is deceased, clarify their estate share and heirs prior to contract execution.

Key takeaway: A buyer should not merely ask "Whose name is on the title deed?" but must also ask: "Who actually holds shared land use rights?".

8. Conclusion: Accurately identifying rights-holders is the key to the transaction

Land originating from a "household" is among the categories of property most prone to disputes if a transfer is executed solely based on the representative's name on the Certificate.

Under prevailing law, the focus does not lie in "whose name appears on the red book", but in establishing who shared land use rights at the time those rights were legally created.

When multiple persons hold shared rights to a parcel, transferring the entirety of those rights must proceed upon the consensus of all entitled individuals or through legally qualified representatives.

Consequently, prior to signing a transfer contract, both buyers and sellers must thoroughly examine the original land dossiers, identify all entitled members, and address any authorization, inheritance, or minor-related matters.

A contract bearing the complete signatures of the rightful owners ensures smooth notarization and registration, serving as an essential shield against prospective disputes.