How is Cohabitation as Husband and Wife Understood?

According to Clause 7, Article 3 of the Law on Marriage and Family 2014, cohabitation as husband and wife means that a man and a woman organize a joint life and consider each other as husband and wife. Specifically explaining cohabitation as husband and wife, Joint Circular 01/2001/TTLT-BTP-BCA-TANDTC-VKSNDTC guiding the application of Chapter XV "Crimes infringing upon marriage and family policies" of the 1999 Penal Code stipulates as follows:

"Cohabitation as husband and wife involves a person who is already married living with another person, or an unmarried person living with someone they know is already married, openly or not, but sharing a common life as a family. Cohabitation as husband and wife is often evidenced by having children together, being regarded by neighbors and the surrounding society as husband and wife, having joint assets, and continuing the relationship after being educated by family, authorities, and social organizations..."

Thus, cohabitation as husband and wife is evidenced by having children together, being regarded by neighbors and the surrounding society as husband and wife, and having joint assets.

For individuals cohabitating as husband and wife before January 3, 1987: if a man and a woman lived together as husband and wife, they are still considered as husband and wife (de facto marriage). After this date, cohabitation, even if a wedding ceremony is organized according to traditional rituals, without registration for marriage is not recognized by the law as husband and wife.

Legal Consequences of Cohabitation as Husband and Wife

A man and woman who meet the conditions for marriage according to regulations and cohabit as husband and wife without registering for marriage do not violate the law. However, cohabitation as husband and wife does not establish rights and obligations between husband and wife. In cases where a man and woman cohabit as husband and wife and subsequently register for marriage according to legal provisions, the marital relationship is established from the time of registration. Rights and obligations towards children, property, obligations, and contracts between parties are resolved as follows:

- Rights and obligations of parents and children: Are resolved according to the provisions of the Law on Marriage and Family 2014 regarding the rights and obligations of parents and children.- Resolution of property, obligations, and contracts: Is resolved according to agreements between the parties; if there is no agreement, it is resolved according to the provisions of the Civil Code and other relevant legal regulations. The resolution of property relations must ensure the legal rights and interests of women and children; housework and other work related to maintaining common life are considered as income-generating labor.

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