Is giving birth before marriage registration an underage marriage in Vietnam? When certificate of land use rights is only in my wife's name, do I have to have any worry in Vietnam?
Can a 3rd generation person marry a 4th generation? Is giving birth before marriage registration an underage marriage in Vietnam? When certificate of land use rights is only in my wife's name, do I have to have any worry in Vietnam?
Can a 3rd generation person marry a 4th generation in Vietnam?
My mother is her grandmother's sister. She and I are uncle and niece, but she and I fell in love and tried to forget each other but couldn't. Please tell me, according to the law, can we get married?
Reply:
- His girlfriend's grandmother - His mother: 2nd generation;
- Girlfriend's mother - Brother: 3rd generation;
- Girlfriend: 4th generation.
Is giving birth before marriage registration an underage marriage in Vietnam?
Related to regulations on Marriage and family law. Question: Is giving birth before marriage registration an underage marriage?
Reply:
In Clause 8, Article 3 of the 2014 Law on Marriage and Family, it is stipulated:
8. Underage marriage means getting married when one or both partners has or have not reached the marriage age prescribed at Point a, Clause 1, Article 8 of this Law.
And at Point a, Clause, Article 8 of the 2014 Law on Marriage and Family, it is stipulated:
Article 8. Conditions for getting married
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, child marriage is when a man and woman are not old enough to get married and get married, not when they give birth to a child before registering their marriage in Vietnam.
When certificate of land use rights is only in my wife's name, do I have to have any worry in Vietnam?
Dear Lawyer, my husband and I have only been married for 1 year. Recently my wife applied for a Certificate of land use rights, ownership of houses and other assets attached to land for the first time. When I returned the documents, I only saw that my wife's name was on this Certificate, I was quite worried. Will it affect my rights?
Reply:
Pursuant to Clause 1, Article 33 of the 2014 Law on Marriage and Family stipulates:
Common property of husband and wife
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.
On the other hand, Clause 2, Article 33 of the 2014 Law on Marriage and Family, common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.
And according to Clause 3, Article 33 of the 2014 Law on Marriage and Family, when exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.
Thus, according to the information you provide, the rights to use land, own houses and assets attached to this land were created by your husband and wife during the marriage period, thanks to the contributions of both. Conjugal property should be determined as the common property of husband and wife. If your wife alone is in the name of the certificate of land use rights, it does not affect your rights. If there is a dispute and your wife wants the land to be recognized by law as her private property, she must prove it. Otherwise, that property is considered common property of husband and wife in Vietnam.
Therefore, you don't need to worry. You can even ask the competent authority to re-issue the name of the couple in Vietnam.
Best regards!
