Settlement of consequences of men and women cohabiting as husband and wife without marriage registration in Vietnam

 Settlement of consequences of men and women cohabiting as husband and wife without marriage registration in Vietnam (Internet image)

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

1. Settlement of consequences of men and women cohabiting as husband and wife without marriage registration in Vietnam

According to Article 14 of the Law on Marriage and Family 2014, it is stipulated to resolve the consequences of men and women living together as husband and wife without registering marriage as follows:

- A man and woman eligible for getting married under the Law on Marriage and Family 2014 who cohabit as husband and wife without registering their marriage have no rights and obligations between husband and wife.

Rights and obligations toward their children, property, obligations and contracts between the partners must comply with provisions specified in Section 2 and Section 3.

- For a man and woman who cohabit as husband and wife under Clause 1 of this Article and later register their marriage in accordance with law, their marriage relation shall be established from the time of marriage registration.

2. Rights and obligations of parents and children for men and women cohabiting as husband and wife without marriage registration in Vietnam

Rights and obligations between a man and woman cohabiting as husband and wife and their children must comply the Law on Marriage and Family 2014’s provisions on rights and obligations of parents and children.

(Article 15 of the Law on Marriage and Family 2014)

3. Settlement of property relations and obligations and contracts between men and women cohabiting as husband and wife without marriage registration in Vietnam

- Property relations, obligations and contracts between a man and woman cohabiting as husband and wife without marriage registration shall be settled under the partners’ agreement. In case there is no agreement, they shall be settled in accordance with the Civil Code and other relevant laws.

- The settlement of property relations must ensure lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.

(Article 16 of the Law on Marriage and Family 2014)

4. Obligations and rights of parents towards their children in Vietnam

According to Article 69 of the Law on Marriage and Family 2014, the obligations and rights of parents towards their children in Vietnam are as follows:

- To love, and respect opinions of, their children; to attend to the study and education of their children to ensure their healthy physical, intellectual and moral development in order to become dutiful children of the family and useful citizens of the society.

- To look after, raise, care for, and protect the lawful rights and interests of their minor children and adult children who have lost their civil act capacity or have no working capacity and no property to support themselves.

- To act as the guardian of or represent in accordance with the Civil Code their minor children or adult children who have lost their civil act capacity.

- Not to discriminatorily treat their children due to their gender or the marital status of the parents; not to abuse the labor of their minor children or adult children who have lost their civil act capacity or have no working capacity; not to incite or force their children to act against law or social ethics.

Nguyen Ngoc Que Anh

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