During the marriage period, the property rights and obligations of spouses towards the common properties of the spouses are equal, irrespective of the properties contributed and created by the spouses during their marital period. Specifically, the common ownership of the spouses is joint ownership – a form of ownership in which the ownership right of each owner is not determined for common properties.
real life today and in Vietnam’s cultural traditions which still bear the
influence by feudalism, some families often suppose that the right to decide the creation, possession, use
and disposition the common properties of the spouses belongs to the spouse who
has the higher income in the family, usually the husband. Awarding the right to decide the creation, possession, use
and disposition of the common properties of the
spouses to the person with a higher income in the family is inconsistent with
the spirit of the applicable Law on Marriage and Family. Spouses always have equivalent rights and obligation regarding the common properties of the spouses, even in the case
one spouse generating/earning high income and the other spouse is staying at
home with housework without generating any income. Moreover, according to
Article 30 of the Law on Marriage and Family 2014, either spouse who wishes to
use common properties of the spouses, dispose, and conduct transactions related
to them for the
purpose of serving the family or his or herself’s essential
needs, is entitled to such rights
without requiring permission from the other one. Consequently, the other spouse has no right to restrict, obstruct,
or prohibit such right. It should be noted that according to the law, the
common properties of the spouses must not belong to a group of properties requiring a joint decision or a written agreement of the
spouses. These common properties of
the spouses shall neither be related to the
main and only source of income of the family.
 Article 29 of the Law on Marriage and Family 2014.
 Articles 210.1, 213.1 of the Civil Code 2015.
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