How many years after my husband missing can I marry another person in Vietnam?

How many years after my husband missing can I marry another person in Vietnam?

In Article 65 of the Law on Marriage and Family 2014, there are regulations on time of termination of marriage as follows:

A marriage is terminated from the time of death of a spouse.

In case a court declares a spouse to be dead, the time of termination of the marriage is the date of death stated in the court’s judgment or decision.

In Article 71 of the 2015 Civil Code, there are regulations on declaration of person dead as follows:

1. A person with related rights or interests may request a court to issue a decision declaring that a person is dead in any of the following cases:

a) After three years from the effective date of a court's decision declaring a person missing, there is still no reliable information that such person is alive;

b) The person has disappeared during a war and there is still no reliable information that such person is alive for five years from the end of the war;

c) The person met with an accident, catastrophe or a natural disaster and there is still no reliable information that such person is alive for two years from the end of such accident, catastrophe or natural disaster, unless otherwise provided for by law;

d) The person has been missing for five consecutive years or longer and there is no reliable information that such person is still alive; this time limit shall be calculated in accordance with Clause 1 Article 68 of this Code.

2. A court shall, according to the cases specified in Clause 1 of this Article, determine the date of death of a person declared dead.

3. The decision on declaration of a dead person issued by a court must be sent to the People’s Committees of commune where the dead person resides for record as prescribed in law on civil status affairs.

Based on current regulations in Vietnam, depending on each specific case, after 2 years, 3 years or 5 years, you can request the court to declare the husband dead. After the court declares your husband dead, you can marry your new husband.

How many years after my husband missing can I marry another person in Vietnam? (Image from the Internet)

If a person is declared dead by the court and returns, will previous marital relationship still be recognized by law in Vietnam?

In Article 67 of the Law on Marriage and Family 2014, there are regulations on personal and property relations upon return of a spouse who is declared to be dead as follows:

1. When a court issues a decision to cancel the declaration of death of a person and that person’s spouse has not got married to another person, their marriage relation shall be restored from the time of their marriage. In case there is a court’s decision permitting a divorce under Clause 2, Article 56 of this Law, this decision remains legally valid. In case the spouse of that person has got married to another person, the marriage relation established later is legally effective.

2. The property relation between the person declared to be dead who returns and his spouse shall be settled as follows:

a/ If their marriage is restored, the property relation shall be restored on the effective date of the court’s decision canceling the declaration of death of the person who is the husband or wife. The property acquired by his/her spouse from the effective date of the court’s decision declaring death of the husband or wife to the effective date of the court’s decision canceling such declaration is separate property of that spouse;

b / If their marriage is not restored, property created before the effective date of the court’s decision declaring death of the husband or wife which has not been divided shall be settled as for property division upon divorce.

According to this Article, in case of a person who has been declared dead by the court and returns, if that person's spouse has not yet married someone else, the marital relationship will be restored from the time of marriage. In case that person's spouse is married to another person, the previous marriage relationship has legal effect.

What are regulations on current marriage conditions in Vietnam? 

In Article 8 of the Law on Marriage and Family 2014, there are regulations on current marriage conditions in Vietnam as follows:

1. A man and a woman wishing to marry each other must satisfy the following conditions:

a /The man is full 20 years or older, the woman is full 18 years or older;

b/ The marriage is voluntarily decided by the man and woman;

c/ The man and woman do not lose the civil act capacity;

d/ The marriage does not fall into one of the cases prescribed at Points a, b, c and d, Clause 2, Article 5 of this Law.

2. The State shall not recognize marriage between persons of the same sex.

Thus, in Vietnam, men and women who want to marry each other need to meet the above conditions.

Best regards!