Has Vietnam Recognized Prenuptial Agreements Yet?

Currently, Vietnamese law does not have specific regulations regarding prenuptial agreements outside of agreements on property policies.

The parties may establish an agreement on the determination of marital property policies according to Article 47 of the Law on Marriage and Family 2014 as follows:

In the event that both parties choose consensual property policies upon marriage, this agreement must be established before marriage in written form, notarized or authenticated. The marital property regime under the agreement is established from the date of marriage registration.

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

- Identification of joint property and separate property of the husband and wife;- Rights and obligations of husband and wife with respect to joint property, separate property, and related transactions; property to ensure essential family needs;- Conditions, procedures, and principles for the division of property when terminating the property policies;- Other related contents.

Note: When implementing property policies according to the agreement, if issues arise that have not been agreed upon by the spouses or the agreement is unclear, the provisions of Articles 29, 30, 31, and 32 of the Law on Marriage and Family 2014 and corresponding provisions of statutory property policies shall apply.

Regarding children: According to Article 81 of the Law on Marriage and Family 2014:

- The husband and wife shall agree on who directly raises the child, the obligations, and rights of each party toward the child after divorce; if no agreement is reached, the Court shall decide to assign the child to one party for direct upbringing based on the best interests of the child in all aspects; if the child is 07 years old or older, the child's wishes must be considered.- A child under 36 months old shall be directly raised by the mother unless the mother is not qualified to directly care for, nurture, and educate the child or the parents have another agreement suitable for the child's interests.

In your case, it is possible to establish an agreement on property policies. Regarding child custody, upon divorce, both parties shall agree. If no agreement is reached, the Court shall resolve the matter.

Sincerely!