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 - Law firm in Vietnam has experience with registration of
marriage, divorce procedures or dispute matters of assets, properties in
Vietnam.
ANT
Lawyers - a Marriage and family dispute law firm in Vietnam with
international standard, local expertise and strong international network. We
focus on customers’ needs and provide clients with a high quality legal advice
and services. For advice or service request, please contact us via email
ant@antlawyers.vn, or call us +84 24 730 86 529.
