1. Legal Concept
The notion of “household land users” (hộ gia đình sử dụng đất) is a unique legal entity first introduced in the 1993 Land Law and subsequently retained, with modifications, in later versions, including the 2013 Land Law and the 2024 Land Law. According to Article 5 of the 2013 Land Law (further clarified in the 2024 version), a land-using household consists of members related by marriage, bloodline, or adoption, who are living together and jointly exercising land use rights (LURs) at the time the State allocates, leases, or recognizes land use rights.
Thus, a household is not merely a unit of residence but a distinct legal subject in land relations.
2. Legal Characteristics
- Special subject status: A household does not have legal personality, but it is still recognized as a land user with rights and obligations under the law.
- Household members: Only those who were officially registered (through household registration or lawful residence documents) at the time of land allocation or recognition are considered co-users.
- Co-ownership regime: The LURs are held in common by household members, generally under a joint ownership regime without division of shares.
3. Rights and Obligations
Under Articles 170 and 174 of the 2013 Land Law, households enjoy the following rights:
- Transfer, lease, inherit, exchange, or mortgage their LURs.
- Receive compensation when land is recovered by the State.
They also bear obligations, including:
- Using land for proper purposes and in accordance with planning.
- Fulfilling financial duties (taxes, land use fees, etc.).
Importantly, the 2024 Land Law clarifies that any transaction involving household land requires the consent of all members sharing the rights.
4. Practical Challenges
- Identification of household members: Disputes often arise when individuals not listed on the land certificate claim co-ownership.
- Civil transactions: Banks and financial institutions face difficulties in accepting household land as collateral, since they must verify the consent of all household members.
- Inheritance disputes: When a household member dies, determining the share of rights in household land becomes complex, particularly in distinguishing between “common” and “private” property.
5. Reform Directions
- Clearer member identification: The 2024 Land Law has made progress by requiring clearer records of household members entitled to land use rights.
- Encouraging individual registration: To reduce transaction risks, policies could encourage registering LURs under individual names instead of “household” status.
- Transparency in registration: Land registries should explicitly list all household members with co-use rights on land certificates to prevent disputes.
6. Conclusion
The “household land user” reflects Vietnam’s socio-historical context, where land is closely tied to family and communal relationships. However, as the economy develops and land transactions grow in complexity, this model has revealed significant limitations. The 2024 Land Law introduces improvements toward greater transparency, yet further reforms are needed to balance protection of household members’ rights with the efficiency of land transactions.
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