If I am American and cohabitation as husband and wife with a Vietnamese, is it illegal?
LSX Lawfirm will give you the answer in the article: “Cohabitation as husband and wife between foreigner and Vietnamese” as follows:
Legal grounds
Law on Marriage and Family 2014
What does Cohabitation as husband and wife mean?
Cohabitation as husband and wife means a man and a woman’s organization of their living together and consideration of themselves as husband and wife.
Cohabitation as husband and wife between foreigner and Vietnamese
Currently, The law recognized the marriage relationship of a man and a woman; when the conditions for marriage registration met; and it is mandatory to perform at a competent agency in accordance with the provisions of the Law on Marriage and Family 2014.
During this time; it is mandatory for men and women to register their marriage at a competent agency to be legally valid.
Prohibited acts in cohabitation as husband and wife between foreigner and Vietnamese
Firstly; a married person getting married to or cohabitating as husband and wife with another person; or an unmarried person getting married to or cohabitating as husband and wife with a married person.
Secondly; getting married or cohabitating as husband and wife between people of the same direct blood line; relatives within three generations; adoptive parent and adopted child; or former adoptive parent and adopted child; father-in-law and daughter-in-law; mother-in-law and son-in-law, or stepparent and stepchild.
Settlement of consequences of men and women cohabiting as husband and wife without marriage registration
Firstly; a man and woman eligible for getting married under the Law; 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 the Law.
Secondly; for a man and woman; who cohabit as husband and wife and later register their marriage in accordance with law; the law shall establish their marriage relation from the time of marriage registration.
Related article: In case of living together as husband and wife, how to divide assets?
Related questions
From 03 – 05 million VND (according to Clause 1; Article 59 of Decree No. 82/2020/ND-CP). Particularly for living together; as husband and wife with people of the same direct bloodline; they will be fined from 10 to 20 million VND.
According to the 2014 Law on Marriage and Family and related guiding documents; it is not illegal for a man and a woman to live together; as husband and wife without having registered their marriage. Except for some cases according to the Law.
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