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Vietnam's Land Law — Mandatory Joint Land Use Right Certificates for Spouses

Vietnam · Hanoi · See the Vietnam profile

Vietnam's Land Law requires both spouses' names on land-use certificates. Panel studies (2004-2008) link female or joint titling to 10% higher household spending and less poverty, but a 2015 study found only 7% of rice-plot titles actually carried both names years later.

15.7%
Households with joint-name certificate, 2004
18.3%
Households with joint-name certificate, 2008
10.4%
Per-capita expenditure rise (female-only certificate)
5.5 percentage points
Rise in female self-employment in agriculture
5-6%
Fall in poverty incidence
83%
Women reporting equal opinion, with certificate
69%
Women reporting equal opinion, without certificate
91.7%
Loan approval 'convenient', joint title
67%
Loan approval 'convenient', single title
100%
On-time repayment, joint title
93.9%
On-time repayment, single title
88.3%
Respondents agreeing joint titling improved women's position
7%
Rice-plot certificates carrying both spouses' names (2006–2010)
36%
Agricultural certificates jointly or women-held, Kinh majority (2012)
21%
Agricultural certificates jointly or women-held, ethnic minorities (2012)
Vietnam's Land Law — Mandatory Joint Land Use Right Certificates for Spouses

Details

Maturity
Established
Promoter
Ministry of Natural Resources and Environment (MONRE) / National Assembly of Vietnam
Period
2003–present (Land Law 2003 Art. 48; reaffirmed Land Law 2013)
Keywords
land tenure, property rights, agriculture, household finance, gender in law

Context

Vietnam's Land Law 2003 (Article 48.3), reaffirmed by the Land Law 2013, requires that where land-use rights are joint marital property, the Land Use Right Certificate record both spouses' names, following a 2001 decree and a 2002 enforcement pilot in two Nghệ An communes.

Results

Using a matched household panel from the 2004 and 2008 Vietnam Household Living Standards Surveys (1,728 households), Menon, Rodgers and Kennedy (2017) found the share of households with joint-name certificates rose from 15.7% to 18.3%, while female-only certificates were linked to a 10.4% rise in per-capita expenditure, a 5.5-point rise in female self-employment in agriculture, and a 5-6% fall in poverty incidence; a Cần Thơ sub-study found women with a certificate reported their opinion treated as equal 83% of the time versus 69% without one. A 2008 World Bank/PLD study of 303 households found joint titles made loan approval "convenient" for 91.7% of holders versus 67% for single titles, with on-time repayment at 100% versus 93.9%, and 88.3% of respondents agreed joint titling improved women's household position.

Conclusions

Implementation lagged the law for years: Newman, Tarp and van den Broeck (2015), examining about 7,500 rice plots (2006-2010), found only 7% of certificates carried both spouses' names; a 2012 UNDP-commissioned study found only 36% of agricultural certificates were jointly or women-held among the Kinh majority and 21% among ethnic minorities, and about 15% of men surveyed in 2008 opposed converting to joint titles.

Implementation

Implementation detail (cost, timeline, staffing, conditions for success) is not yet available for this practice.

Data sources

Where this practice's information was retrieved from, and when.

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