VIETNAMESE FAMILY LAW ACT

Great scoop ... timely too!

Will print and study in detail ... thanks mucho!

- @Friday with Mateo

@Mac68 I'm fixin' to get hitched with my VN sweetie

@Aidan in HCMC I’m just wondering if there’s any information available on the status of a UK same sex marriage (Vietnamese and UK citizens) in relation to the UK citizen’s residency/visa rights.

@Aidan in HCMC I’m just wondering if there’s any information available on the status of a UK same sex marriage (Vietnamese and UK citizens) in relation to the UK citizen’s residency/visa rights.

- @ChrisMunro

Hope this is relevant to the subject - what about Common Law partnerships??.  Example, Foreign man and a Vietnamese lady live together for XX number of years, even have house/property and adopted children.  Does this law cover them as "married" even though they are not "married in the traditional sense".  But have built a life in Vietnam together for 10, 15, 20+ years.      Peace

I printed it and am reading it carefully every day. Great document.

Hope this is relevant to the subject - what about Common Law partnerships??. Example, Foreign man and a Vietnamese lady live together for XX number of years, even have house/property and adopted children. Does this law cover them as "married" even though they are not "married in the traditional sense". But have built a life in Vietnam together for 10, 15, 20+ years.   Peace
-@tunnelrat69

Viet Nam doesn't recognise defacto relationships the same way they do legal marriages. Buying land here is a good example, if married both names go on the paperwork. In a defacto it can be a single name due to not being  legally married.

Buying land here is a good example, if married both names go on the paperwork. In a defacto it can be a single name due to not being legally married.
-@colinoscapee

Unless there exists a contract stipulating division of property. Otherwise, the courts will rule on an equitable division (hopefully equitable/fair).

Hope this is relevant to the subject - what about Common Law partnerships??. Example, Foreign man and a Vietnamese lady live together for XX number of years, even have house/property and adopted children. Does this law cover them as "married" even though they are not "married in the traditional sense". But have built a life in Vietnam together for 10, 15, 20+ years.   Peace
-@tunnelrat69

Excellent question, Tunnelrat69.

Vietnam does not recognize "common law" marriage.

I'm curious as to your reference to "adopted children". Would this couple have formally registered the adoption(s)? If so, where?

I'm genuinely curious, and feel this would be of great interest to other members of expat.com.

From the link provided in the first post of this sticky;

Article 9. Marriage registration

1. A marriage shall be registered with a competent state agency in accordance with this Law and the law on civil status.

A marriage which is not registered under this Clause is legally invalid.

Article 14. Settlement of consequences of men and women cohabiting as husband and wife without marriage registration

1. A man and woman eligible for getting married under this Law who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife. Rights and obligations toward their children, property, obligations and contracts between the partners must comply with Articles 15 and 16 of this Law.

2. For a man and woman who cohabit as husband and wife under Clause 1 of this Article and later register their marriage in accordance with law, their marriage relation shall be established from the time of marriage registration.

Article 15. Rights and obligations of parents and children for men and women cohabiting as husband and wife without marriage registration

Rights and obligations between a man and woman cohabiting as husband and wife and their children must comply this Law’s provisions on rights and obligations of parents and children.

Article 16. Settlement of property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration

1. Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

2. The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related workto maintain the cohabitation shall be regarded as income-generating labor.

If this information has helped you, Tunnelrat69 (or others), please take the time to report back to the forum your experiences.

Buying land here is a good example, if married both names go on the paperwork. In a defacto it can be a single name due to not being legally married.
-@colinoscapee
Unless there exists a contract stipulating division of property. Otherwise, the courts will rule on an equitable division (hopefully equitable/fair).
-@Aidan in HCMC

Im talking legally, if you are married legally you cant put one name on the title, it has to be both names. If not legally married you can put one or two names. If its a foreigner wanting to have their name on the title, then a different form has to be completed.

We buy all our land in my inlaws name to save the hassle of doing the extra paperwork.

@Aidan in HCMC

My 'wife' of  26 years adopted her sisters' children who basically couldn't take care of them - they were 3 & 4 years old, then, now 13 & 14.  My wife went to Tan Binh District court and had their names changed.  We are in process of adopting another that was basically dropped off during the pandemic, she was 3, now 5.  We think Mother went to Malaysia to find work two years ago, my lady asked her about the baby, she begged her to keep her.   Mother only corresponds via FB now...........we have a large place and my lady has a big heart.........love them as our own.

My name doesn;t show up on the adoption paperwork, maybe later when we get our 'marraige' recognized, then things will change.     Peace

@colinoscapee

I don't know the name of the3 forms we filled out, but I am listed on Farm paperwork "as managibg partner"  My wife's name is on all as owner..........lawyer said this was to protect the land from being sold or inherited, it takes two signitures to  sell it, mine & hers...........But it is not 'ownership.    I uinderstand that law has changed, so Foreigners can own a certain amount of land to  uild a house on .......... I will explore this option when I permanently settle back home.

@colinoscapee
I don't know the name of the3 forms we filled out, but I am listed on Farm paperwork "as managibg partner" My wife's name is on all as owner..........lawyer said this was to protect the land from being sold or inherited, it takes two signitures to sell it, mine & hers...........But it is not 'ownership.  I uinderstand that law has changed, so Foreigners can own a certain amount of land to uild a house on .......... I will explore this option when I permanently settle back home.
-@tunnelrat69

Dont trust eveything lawyers tell you. My friend had a house in Nha Trang, his wife and his name on the documents. She sold the house without him having to sign any paperwork.

Can you send a link in relation to the change in foreigners having their name on the paperwork. If these changes have come about it will make buying so much easier.

@colinoscapee Here is an article that addresses part of it - The lawyer met us in TYan Binh, regional property office and explained how it can be done, I can't own land in Vietnam, but can be a "Partner in Management" which is sort of a 'care keeper'  Only reason we did this is her three brothers started talking as if they owned the land because they were the sons of her father  - who didn't own the land either, she did, (I made sure of that) but as you may know - traditionally in Vietnam the father owns all the land in the family and the sons inherit it when he passes.   They didn't talk to us for a year after she showed them the Land Documents with hers and mine names on it.    It is a protection, how long it would stand up in court is anyones guess.........but now all is well.

https://vietnamlawmagazine.vn/tourism-r … 48464.html

Peace

@colinoscapee Here is an article that addresses part of it - The lawyer met us in TYan Binh, regional property office and explained how it can be done, I can't own land in Vietnam, but can be a "Partner in Management" which is sort of a 'care keeper' Only reason we did this is her three brothers started talking as if they owned the land because they were the sons of her father - who didn't own the land either, she did, (I made sure of that) but as you may know - traditionally in Vietnam the father owns all the land in the family and the sons inherit it when he passes.  They didn't talk to us for a year after she showed them the Land Documents with hers and mine names on it.  It is a protection, how long it would stand up in court is anyones guess.........but now all is well.
https://vietnamlawmagazine.vn/tourism-r … 48464.html

Interesting.

All references are to "tourist".

Do you know if the regulations are different when living here on spousal TRC or PRC?

Peace
-@tunnelrat69

@goodolboy

ABOVE POST

Concerning the ;

Obtaining the report of death of a foreigner,

Obtaining the death certificate of a foreigner,

Disposition of a foreigner's remains.

(Thank you for posting this, goodolboy)

LEGAL AGE OF CHILDREN UNDER VIETNAMESE LAW

DEBATES AND PERSPECTIVES (Link)

authors

Le Thi Khanh Van

Independent Child Rights Advocates

and

A/Prof. Vu Cong Giao

School of Law, Vietnam National University, Hanoi

Hello everyone,

Please note that I have put aside some posts from this thread. Posts not written in english or where the english translation is not included will not be accepted on the forum.

Thank you in advance

Bhavna

@Guest2023, I've read that a good lawyer would set up a contract between the two more as a civil/business contract. One may have put up the investment and in event of sale, must be repaid the investment with interest. It could be in the form of a monthly investment repayment, etc. It can't be excessive or punitive as the Courts will take a very negative view if it disadvantages a Vietnamese person. It seems to be quite similar around Asia the same approach by the courts - the national is first protected followed by an equitable outcome.