Is bank Interest common or separate property in Vietnam? Can marriage registration be done at the Provincial People's Committee of the temporary residence in Vietnam?
Is bank Interest common or separate property in Vietnam?
Dear Sir/Madam,
I would like to ask a question. My wife and I are in the process of getting a divorce. My wife has saved VND 500 million (separate property) and deposited it in ACB bank. Therefore, I would like to know whether the interest from this deposit is considered common or separate property? Because my wife usually withdraws this interest to spend on family expenses.
Answer: Pursuant to Clause 1, Article 33 of the Law on Marriage and Family 2014, the regulation on common property is as follows:
Common property of husband and wife consists of property created by the husband or wife, income from labor, production and business activities, yields, profits arising from separate property, and other lawful income during the marriage period, except as provided for in Clause 1, Article 40 of this Law; property that the husband and wife inherit jointly or are given as a gift jointly and other property that the husband and wife agree to be common property.
Also, according to Article 10 of Decree 126/2014/ND-CP, it is stated:
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Yields arising from the separate property of the husband or wife are natural products obtained from their separate property.
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Profits arising from the separate property of the husband or wife are the proceeds they obtain from exploiting their separate property.
Thus, if you and your wife do not have any other agreement, the interest on the deposit in the ACB bank is common property.
Can marriage registration be done at the Provincial People's Committee of the temporary residence in Vietnam?
Dear Sir/Madam,
Because of some reasons, I currently do not have a permanent residence and want to marry a foreigner. In that case, can I go to the Provincial People's Committee where my fiancé and I are temporarily residing to carry out this procedure?
Answer: Pursuant to Clause 1, Article 19 of Decree 126/2014/ND-CP, regulations on the authority to register marriage are as follows:
The Provincial People's Committee, where the permanent residence of the Vietnamese citizen is registered, registers marriages between Vietnamese citizens and foreigners, and between Vietnamese citizens, at least one of whom resides abroad.
If a Vietnamese citizen does not have a permanent residence but has a temporary residence as per the regulations on residence, the Provincial People's Committee where the Vietnamese citizen temporarily resides will register the marriage.
Thus, in your case, you can carry out the marriage registration at your temporary residence, specifically at the Provincial People's Committee.
Is marriage registration between a Vietnamese citizen and a foreigner under the authority of the Provincial People's Committee?
In connection with the field of marriage and family, I would like to ask: Is it true that the marriage registration between a Vietnamese citizen and a foreigner is solely under the authority of the Provincial People's Committee?
Answer: Pursuant to Clause 1, Article 19 of Decree 126/2014/ND-CP, the authority to register marriage is as follows:
The Provincial People's Committee, where the permanent residence of the Vietnamese citizen is registered, registers marriages between Vietnamese citizens and foreigners, and between Vietnamese citizens, at least one of whom resides abroad.
Thus, according to the above regulation, it can be seen that not only the case of marriage registration between a Vietnamese citizen and a foreigner falls under the authority of the Provincial People's Committee, but also the marriage registration between Vietnamese citizens, at least one of whom resides abroad, falls under this authority.
Respectfully!
