Can divorced spouses reside in the same place in Vietnam? Do I have support obligation when me and my wife reside in the same place in Vietnam?

Can divorced spouses reside in the same place in Vietnam?

According to Clause 14, Article 3 of the Law on Marriage and Family 2020, divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.

In addition, Article 25 of the Residence Law 2020 stipulates household division as follows:

1. A household member may separate themselves from their household to register the lawful place of residence where their household resides as their permanent residence on the following conditions:

a) The separating member has full legal capacity; in case multiple members separate themselves from the household to form a new household, at least one of them must have full legal capacity;

b) The household head and owner of the lawful place of residence agree to this separation, excluding the case where the separating members are divorced spouses who both may use the lawful place of residence;

c) The permanent residence of the household is not among the cases provided for in Article 23 of this Law.

2. An application for household division includes a declaration of change to residence information, including permission for household division from the household head and owner of lawful place of residence or authorized person, unless a written permission has been obtained.

For post-divorce household division mentioned in Point b Clause 1 herein, the application for household division includes a declaration of change to residence information and written proofs of the divorce and permission to continue using the lawful place of residence.

3. Procedure for household division:

a) The applicant submits an application containing the documents mentioned in Clause 2 herein to the registration authority;

b) Within 05 working days starting from the date of receipt of an adequate and valid application, the registration authority shall appraise and update information on the households related to the separation to the residence database and notify the applicant of such update; and provide a written explanation for the applicant if the application rejected.

Thus, according to current regulations in Vietnam, in case a husband and wife are divorced but still living in the same place, they can still separate their households and register for permanent residence in the same location.

Can divorced spouses reside in the same place in Vietnam? Do I have support obligation when me and my wife reside in the same place in Vietnam? (Image from the Internet)

Do I have support obligation when me and my wife reside in the same place in Vietnam? 

According to Article 107 of the Law on Marriage and Family 2020, the support obligation is stipulated as follows:

1. The support obligation shall be performed between parents and children; among siblings; between paternal grandparents, maternal grandparents and grandchildren; between aunts, uncles and nieces, nephews; and between husband and wife in accordance with this Law.

The support obligation can be neither replaced by another obligation nor transferred to other people.

2. In case persons having the support obligation shirk this obligation, at the request of the persons, agencies or organizations prescribed in Article 119 of this Law, courts shall compel these persons to perform the support obligation in accordance with this Law.

According to this Article, support is agreed upon by the parties, so living near or far does not affect the parents' support for their children. In case you feel that living nearby does not incur many costs, you can both agree on the amount of support in Veitnam.

Best regards!