What is the definition of "households"? What are civil liabilities of members of households in Vietnam?

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Question date: 29/09/2022

What is the definition of "households"? What are civil liabilities of members of households in Vietnam? Thank you!

    • What is the definition of "households"?

      Currently, there is no specific regulations on households. In actuality, based on regulations of the law and social relations pertaining to this term, a household can be understood as follows:

      A household is a group of people who are bounded together by marriage, blood ties, or raising relations, living together on the basis of the above connections, which creates a physical and mental bond between members of the household.

      Pursuant to Article 101 of the Civil Code in 2015 stipulating as follows:

      In case a household, co-operative group or another non-juridical person engages in a civil relation, the entities establishing or performing civil transactions for such household, co-operative group or the other organization shall be its member or a representative authorized. The authorization must be made in writing, unless otherwise agreed. If there is any change of representative, it is required to keep the other party informed about the change.

      If a member of a household, co-operative group or another non-juridical person, without authorization from other members to act as a representative, engages in a civil relation, he/she shall be the entity of such civil relation.

      The entities of civil relations with the participation of households using land shall be determined as prescribed in the Law on land.

      What are civil liabilities of members of households in Vietnam?

      Pursuant to Article 103 of the Civil Code in 2015 stipulating civil liability of members of households, co-operative groups and other non-juridical persons as follows:

      Civil obligations arising from the engaging in civil relations by households, co-operative groups, other organizations as non-juridical person shall be fulfilled by recourse their common property.

      If all members have no property or not enough property to fulfill their common obligations, the obligee may request those members to fulfill the obligations as prescribed in Article 288 of this Code.

      If the members have no agreement, co-operative contract or not otherwise prescribed by law, they must bear the civil liability as prescribed in Clause 1 and Clause 2 of this Article in proportion to each member’s contribution, if it fails to determine particular proportions, each member shall have the same proportion.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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