Vietnam family laws
covers all legal matters concerning marriages and
divorces, including marriage registration procedures, and divorce
procedures, matters concerning separate or joint ownership assets and
property, child custody, child support, and dispute on related
matters.
Vietnam marriage laws
have developed during the past 40 years and are still connected with changes in
the thinking of the Vietnamese society and are thereby not exempt from future
amendments that might appear simultaneously with the changes in Vietnam’s fast
emerging society. The legal fundamental basis for marriages in Vietnam is the
Marriage and Family Law. Some of the main points that are included in
this law’s mission are for contributing to build and protect the marriage and
family regime as well as to protect legitimate rights and interests of family
members. The essential legal provisions of the Vietnam marriage law requires
and determines: a required marital age for male is at least 20 years and female
18 years; marriages must be voluntary, progressive, monogamous marriages in
which husband and wife are equal; marriages between partners of different
nationalities, religions etc. are respected and legally protected but marriages
between married people, people without civil act capacity, between the same
direct blood line or within three generations, between (former) adoptive
parents and children or parents- and children-in-law and stepparents and
stepchildren, are forbidden. Although the marriage between persons of the same
sex is not forbidden any more but the State shall not recognize it.
Furthermore, marriage or
remarriages must be registered with the competent State bodies (registration
offices) where either of the marriage partners resides. Vietnamese citizens
living abroad shall refer to overseas Vietnamese diplomatic missions or
consulates for services. Unless otherwise provided by law, the provisions
of the Marriage and Family law also are also applicable for foreigners involved
in Vietnamese marriages. In case a treaty to which the Socialist Republic
of Vietnam is a contracting party contains provisions different from those of
this Law, the provisions of such treaty prevail.
The registration
procedures might differ in some points for foreigners because of the documents
required from their home countries. Papers issued, granted or certified
by competent foreign agencies for use in the settlement of cases and matters of
marriage and family shall be notarized, legalized, except cases eligible for
exemption from consular legalization under treaties to which the Socialist
Republic of Vietnam is a contracting party or on the principle of reciprocity.
Foreigners must demonstrate that they are eligible for marriage in compliance
with the law of their home countries. According to the Vietnam Marriage and
Family law, foreigners enjoy the same rights and obligations like Vietnamese
and Vietnam provides protection for the legitimate rights and interests of
Vietnamese living abroad in marriage and family relations in accordance with
the law. In the case of a marriage between a foreigner and a Vietnamese,
each one must abide by the legislation of his/her country on the marriage
conditions. The law also bans marriages whereby foreigners take advantages
related to human trafficking, sexually abuse against women.
The law on marriage and
family has brought a positive change to the role of the family in Vietnamese
society and the traditional values of marriage and family. These legal
provisions have contributed to the protection and perfection of a progressive
marriage and family regime by creating legal standards that keep pace with the
times but also respect long-standing traditional values of Vietnam. However,
Vietnam still lacks complex mechanisms to deal with all those involved and
another problem is that some clauses are overlapping and are not clear enough
to address outstanding issues such as: cohabitation system such as husband and
wife, separated or surrogacy. Prenuptial agreements, premarital agreements or
similar marriage contracts are not recognized in Vietnam. However, agreements
on joint assets, or division of assets during marriage are recognized but
certain procedures have to be followed.
Lawyers at ANT Lawyers
have experience with registration of marriage,
divorce procedures or dispute matters of assets, properties in Vietnam.
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