Which agency has right to handle marriage registration without proper authority in Vietnam? What is registration of agreement on establishment of matrimonial property regime in Vietnam?

Does selling land require my wife's signature in Vietnam?

My wife often gambles and has taken all the furniture in the house to sell. Can I ask now if I want to sell the family land myself without letting my wife know?

Reply:

According to Clause 1, Article 33 of the Law on Marriage and Family 2014, it is stipulated as follows: 

1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

In addition, Clause 2, Article 213 of the 2015 Civil Code stipulates a husband and wife jointly create and develop their marital property through their efforts and have equal rights to possess, use and dispose of such property.

Thus, if the land you want to sell is your own property from a separate inheritance, personal gift, etc., then you can sell the land yourself. However, if this is common property, your wife's signature is required when selling the land in Vietnam.

Which agency has right to handle marriage registration without proper authority in Vietnam? What is registration of agreement on establishment of matrimonial property regime in Vietnam? (Image from the Internet)

Which agency has right to handle marriage registration without proper authority in Vietnam?

Which agency has right to handle marriage registration without proper authority in Vietnam? Is it the Court? I've searched many documents but can't find any regulations.

Reply:

Pursuant to the provisions of Article 13 of the Law on Marriage and Family 2014:

For a marriage which is registered ultra vires, a competent state agency shall, upon request, withdraw and cancel the marriage certificate in accordance with the civil status law and request two partners to re-register their marriage with a competent state agency. In this case, the marriage relation shall be established on the date of the previous marriage registration.

In detail, regarding processing authority, Point e, Clause 1, Article 69 and Point h, Clause 1, Article 70 of the 2014 Civil Status Law determine:

- Provincial-level People's Committees have the right to revoke and cancel civil status papers granted by district-level People’s Committees (including marriage registration certificates in Article 37 of the 2014 Law on Civil Status) in violation of this Law, except cases of illegal marriage;

-  District-level People’s Committees have the right to revoke and cancel civil status papers granted by commune-level People’s Committees (including marriage registration certificates in Article 17 of the 2014 Law on Civil Status) in violation of this Law, except cases of illegal marriage.

Thus, according to the above regulations in Vietnam, the People's Committee at the higher level has the right to revoke and cancel the Marriage Certificate which is not within the authority of the People's Committee at the lower level, not the Court or the agency that issued the Certificate. If the marriage certificate is not authorized, the marriage certificate will be revoked or canceled.

What is registration of agreement on establishment of matrimonial property regime in Vietnam?

I want to ask where is it legal to register an agreement on establishment of matrimonial property regime? Thank.

Reply:

Article 47 of the Law on Marriage and Family 2014 stipulates:

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.

The basic contents of an agreement on the matrimonial property regime include (Article 48 of the Law on Marriage and Family 2014):

1. The basic contents of an agreement on the property regime include:

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

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

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

d/ Other related contents.

2. 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 this Law and corresponding provisions of the statutory property regime shall apply.

According to this Article, the procedure for notarizing the agreement to establish the husband and wife's property regime is carried out in accordance with the provisions of Article 40 of the 2014 Notary Law in Vietnam. In case notarization is not performed, the parties can perform authentication at the People's Committee.

Best regards!