Is it permissible for the husband to stay at the wife's private house after divorce in Vietnam?

Is it permissible for the husband to stay at the wife's private house after divorce in Vietnam?

Pursuant to Article 63 of the Law on Marriage and Family in 2014 stipulating the right to stay of a spouse upon divorce as follows:

A house which is separate property of a spouse and has been put to common use remains under his/her ownership upon divorce. In case the other partner has accommodation difficulties, unless otherwise agreed by the partners, he/she has the right to stay at the house for 6 months at most from the date of termination of the marriage relation.

As regulations above, your husband has difficulty in accommodation, so he will be entitled to stay in your home after the divorce for a period of 06 months unless otherwise you and your husband have another agreement.

In Vietnam: Is it permissible to make birth registration for baby without name of the father?

Pursuant to Article 15 of the Decree 123/2015/NĐ-CP stipulating Birth registration for children with unidentified parents as follows:

1. The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.

2. If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.

3. If the father, at the time of application for birth registration, applies for recognition of father-child relationship as prescribed in Clause 1 Article 25 of the Law on civil status, the People’s Committee shall both process the recognition and birth registration; birth registration contents shall be determined as prescribed in Clause 1 Article 4 of this Decree.

4. In case of a child whose mother is unidentified, if his/her child applies for both birth registration and recognition of parent-child relationship, Clause 3 of this Article shall apply; the child’s mother section in the vital records and birth certificate shall be left blank.

5. Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 hereof; the phrase “children with unidentified parents" shall be specified in the vital records.

As regulations above, in your case, the child was born under the category of undetermined father. Therefore, in your child's Birth Certificate, you can have only the mother's name without the father's name.

In Vietnam: Is it permissible to prevent the father from meeting his child, who is borned after divorce?

Pursuant to Clause 1 Article 88 of the Law on Marriage and Family in 2014 stipulating identification of parents as follows:

1. A child who is born or conceived by the wife during the marriage period is the common child of the husband and wife.

A child who is born within 300 days from the time of termination of a marriage shall be regarded as a child conceived by the wife during the marriage period.

A child who is born before the date of marriage registration and recognized by his/her parents is the common child of the husband and wife.

Pursuant to Article 82 of the Law on Marriage and Family in 2014 stipulating obligations and rights of the parent who does not directly raise children after divorce as follows:

1. The parent who does not directly raise a child shall respect the child’s right to live with the person who directly raises him/her.

2. The parent who does not directly raise a child shall support this child.

3. After divorce, the person who does not directly raise a child has the right and obligation to visit and care for this child without being obstructed by any person.

The parent who directly raises a child has the right to request a court to restrict the right of the other parent who does not directly raise this child if the latter takes advantage of his/her visit to and care for the child to obstruct or adversely affect the looking after, care for, raising and education of this child.

As regulations above, on because the wife who is pregnant during the marriage is a common child, so even if a child is born after marriage, this is still a common child and the father still has the right to visit the child without anyone getting in the way after the divorce.

Best regards!