When must an agreement on the matrimonial property regime in Vietnam be made in Vietnam?

Hello, Lawnet would like to answer the following:

1. When must an agreement on the matrimonial property regime in Vietnam be made in Vietnam?

According to the provisions of Article 47 of the Law on Marriage and Family 2014, agreement on establishment of the matrimonial property regime is as follows:

For a married couple that selects the agreed property regime, this agreement shall be made in writing before their marriage and be notarized or certified. The agreed matrimonial property regime shall be established on the date of marriage registration.

2. Basic contents of an agreement on the matrimonial property regime in Vietnam

According to the provisions of Article 48 of the Law on Marriage and Family 2014, the basic contents of an agreement on the property regime include:

- Property determined as common property and separate property of the husband and wife;

- Rights and obligations of the husband and wife toward common property, separate property and related transactions; property to meet the family’s essential needs;

- Conditions, procedures and principles of property division upon termination of the property regime;

- Other related contents.

For matters arising in the implementation of the agreed property regime which have not been agreed or unclearly agreed by husband and wife, Articles 29, 30, 31 and 32 of the Law on Marriage and Family and corresponding provisions of the statutory property regime shall apply.

At the same time, the determination of property of husband and wife under agreement is guided by Article 15 of Decree 126/2014/ND-CP as follows:

- When choosing to apply the agreed matrimonial property regime, husband and wife may reach agreement on determination of property as follows:

= Matrimonial property includes common property and separate property of husband and wife;

= Husband and wife have no separate property and all property a spouse has before marriage or during the marriage period is common property;

= Husband and wife have no common property and all property a spouse has before marriage and during the marriage period is separate property of that spouse; or

= Property is determined as otherwise agreed by husband and wife.

- The agreement on matrimonial property must comply with Articles 29, 30, 31 and 32 of the Law on Marriage and Family 2014. If such agreement violates those provisions, persons with related rights and interests may request a court to declare it invalid in accordance with Article 50 of the Law on Marriage and Family 2014.

Thus, the basic content of the agreement on the property regime includes: Property is determined as common property, separate property of husband and wife; Rights and obligations of husband and wife towards common and separate property; Conditions, procedures and principles of property division upon termination of the property regime...

3. Procedures for considering that the agreement on the matrimonial property regime is invalid in Vietnam

According to the provisions of Article 5 of the Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP on procedures for considering the invalidity of an agreement on the property regime of husband and wife, as follows:

- The following agencies, organizations, and individuals, according to the provisions of the civil procedure law have the right to request the Court to declare that the agreement on the husband and wife's property regime is invalid because of the agreement on the husband's property regime in the cases specified in Clause 1, Article 50 of the Law on Marriage and Family 2014:

+ Spouse or husband and wife have agreed on the property regime;

+ The infringed person, the guardian of the person whose lawful rights and interests are violated due to an agreement on the property regime of the husband and wife.

- The order and procedures for handling a request by the Court to declare that the agreement on the husband and wife's property regime is invalid shall comply with the provisions of the civil procedure law.

- In case the Court is dealing with a civil case related to the content of the agreement on the property regime of the husband and wife and requests the Court to consider the agreement on the property regime of the husband and wife to be invalid, the Court must consider and decide whether the content of the agreement on the husband and wife's property regime related to the disputed property is invalid or not.

In case the agreement on the husband and wife's property regime is partially or completely invalidated, the court must declare the agreement on the husband and wife's property regime to be partially or completely invalid in the judgment or decision to serve as a basis for settling the rights and obligations of the parties.

Thus, the agreement on the property regime of husband and wife is invalid when the spouses do not comply with the effective conditions of the agreement, and the content of the agreement seriously violates the right to alimony, inheritance, and other lawful rights and interests of parents, children, and other family members….

Best regards!

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