Bases for determination of representation between husband and wife in Vietnam

Bases for determination of representation between husband and wife in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Bases for determination of representation between husband and wife in Vietnam

Bases for determination of representation between husband and wife according to Article 24 of the Law on Marriage and Family 2014 is as follows:

- The representation between husband and wife in establishing, making and terminating transactions shall be determined in accordance with the Law on Marriage and Family 2014, the Civil Code and other relevant laws.

- Husband and wife may authorize each other to establish, make or terminate transactions which, as prescribed by the Law on Marriage and Family 2014, the Civil Code and other relevant laws, shall be agreed upon by both spouses.

- A spouse may represent the other when the latter loses his/her civil act capacity while the former is eligible to act as the guardian or when the latter has his/her civil act capacity restricted while the former is designated by a court to act as the at-law representative of his her spouse, unless the latter is required by law to perform by himself/herself related rights and obligations.

When a spouse loses his/her civil act capacity and the other requests a court to settle divorce, the court shall designate another person to represent the partner who has lost his/her civil act capacity for settlement of divorce in accordance with the Civil Code’s provisions on guardianship.

2. Common property obligations of husband and wife

According to Article 37 of the Law on Marriage and Family 2014, husband and wife have the following common property obligations:

- Obligations arising from transactions established under their agreement, obligations to pay damages under their joint liability as prescribed by law;

- Obligations performed by a spouse in order to meet the family’s essential needs;

- Obligations arising from the possession, use and disposition of common property;

- Obligations arising from the use of separate property for maintaining and developing common property or for generating major incomes for the family;

- Obligations to pay damages caused by their children as prescribed by the Civil Code;

- Other obligations as prescribed by relevant laws.

3. Basic contents of an agreement on the matrimonial property regime in Vietnam

Basic contents of an agreement on the matrimonial property regime according to Article 48 of the Law on Marriage and Family 2014 is as follows:

- The basic contents of an agreement on the property regime include:

+ Property determined as common property and separate property of the husband and wife;

+ Rights and obligations of the husband and wife toward common property, separate property and related transactions; property to meet the family’s essential needs;

+ Conditions, procedures and principles of property division upon termination of the property regime;

+ Other related contents.

- For matters arising in the implementation of the agreed property regime which have not been agreed or unclearly agreed by husband and wife, Articles 29, 30, 31 and 32 of the Law on Marriage and Family 2014 and corresponding provisions of the statutory property regime shall apply.

4. Invalidated agreement on the matrimonial property regime in Vietnam

Regulations on invalidated agreement on the matrimonial property regime according to Article 50 of the Law on Marriage and Family 2014 are as follows:

- An agreement on the matrimonial property regime shall be declared to be invalid by a court when:

+ It fails to meet the conditions on effect of transactions prescribed the Civil Code and other relevant laws;

+ It violates Article 29, 30, 31 or 32 of the Law on Marriage and Family 2014;

+ Its contents seriously infringe upon the rights to be supported and inherit and other lawful rights and interests of parents, children and other family members.

- The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding Clause 1 of Article 50 of the Law on Marriage and Family 2014.

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