In Vietnam, living together as husband and wife have obligations to each other?
“Hello, Lawyer, I live with a man 2 years older than me. Currently, he has a debt level of the credit party. They call every day to bother me, sometimes even come to my house to collect a debt. I also said goodbye to my boyfriend, but yesterday they called me to pay the debt on his behalf I refused but they even went to the office to make noise, I was really stuck. Living together as husband and wife have obligations to pay each other’s debts? Please advise me. I would like to sincerely thank you.”. For more clarification on this, today, LSX Lawfirm will give you an article about “In Vietnam, living together as husband and wife have obligations to each other?”, as follows:
Legal grounds
Law on marriage and family 2014
Penal Code 2015, amendments and supplements in 2017
Decree 82/2020/ND-CP
Laws on cohabitation as husband and wife
Accordingly to Clause 7, Article 3 of the Law on Marriage and Family, it is defined:
“Cohabiting as husband and wife mean that a man and a woman organize their life together and consider each other as husband and wife.”
In fact, it can be understood that cohabitation is when a man and a woman consider each other as husband and wife without registering their marriage or holding a wedding. In the Law on Marriage and Family, it is mentioned that treating each other as husband and wife is male; Women organize life together. This is proved by the fact that they have a common life; have common property; have children together; recognized as husband and wife by everyone around.
At the same time; according to Article 14 of this Law; men and women who have met the conditions for marriage and live together as husband and wife without marriage registration shall not give rise to rights, or obligations between husband and wife.
Property relations; men’s obligations and contracts; women living together as husband and wife without marriage registration shall be settled by agreement between the parties; in case there is no agreement, the settlement shall be in accordance with the provisions of the Civil Code and other relevant provisions of law.
Does the law allow living together as husband and wife?
Men and women living together as husband and wife but not falling into the prohibited cases specified in Clause 2, Article 5 of the Law on Marriage and Family shall not violate the law. So; in the case where the two parties have met the conditions for marriage registration; If they do not have a marriage relationship but do not register their marriage but treat each other as husband and wife, it is not illegal.
In cases where a man and woman living together as husband and wife prohibited, it is an illegal act. Specifically, Clause 2, Article 5 of the Law on Marriage and Family contains provisions on prohibited acts in the marriage relationship; in which point c of this clause lists the illegal acts of cohabitation as husband and wife as follows:
“A married person who marries our lives together as husband and wife with another person, or is unmarried or unmarried but marries our lives as husband and wife with a married person;”
The Law on Marriage and Family stipulates two cases of illegal cohabitation as husband and wife. This is a violation of the principle of monogamous marriage; a husband that required by law; affects family happiness; contrary to fine customs and norms of social morality.
Living together as husband and wife have obligations to each other?
Men and women who fully meet the conditions for marriage in accordance with the Law on Marriage and family living together as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife. Rights and obligations towards children, property, obligations, and contracts between the parties shall settle according to the provisions of Articles 15 and 16 of this Law.
Article 15. Rights and obligations of parents and children in case a man and woman live together as husband and wife without marriage registration
Rights and obligations between men and women living together as husband and wife and children shall settle in accordance with this Law on rights and obligations of parents and children then.
Article 16. Settlement of property relations, obligations, and contracts of men and women living together as husband and wife without marriage registration
1. Firstly, Property relations, obligations, and contracts of men and women living together as husband and wife without marriage registration shall settled by agreement between the parties; in case there is no agreement, the settlement shall be in accordance with the provisions of the Civil Code and other relevant provisions of law.
2. Secondly, The settlement of property relations must ensure the lawful rights and interests of women and children; Household work and other related work to maintain the common life considered income workers.
Thus, men and women living together as husband and wife have no obligation to repay each other.
What are the currently prohibited acts?
Being married; married but living as husband and wife with another person or unmarried; unmarried but cohabiting as husband and wife with a married person; Having a wife is a prohibited act by law (based on point c, clause 2, Article 5 of the Law on Marriage and Family 2014).
Whereby, in Article 48 of Decree 110 of 2013 as amended by Clause 35, Article 1 of Decree 67 of 2015; will fine from 01 to 03 million dongs for the following acts:
- Firstly, Being married or being married but living together as husband and wife with another person;
- Secondly, Unmarried or unmarried; who live as husband and wife with a person they know to marry or married;
- Thirdly, living together as husband and wife between people who have the same surname within three generations;
- Finally, Cohabiting as husband and wife between adoptive parents and adopted children; between those who were once fathers; an adoptive mother with the adopted child, father-in-law with daughter-in-law, mother-in-law with her son-in-law, stepfather with her stepchild, stepmother with her husband’s stepchild.
However, from September 1, 2020, when Decree No. 82/2020/ND-CP officially took effect; then the fines for these acts increased from 03 to 05 million VND (according to Clause 1, Article 59; Decree 82).
Particularly for living together as husband and wife with people of the same direct bloodline; will fined from 10 to 20 million VND.
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Related questions
Men and women living together, in this case, are eligible for marriage; but not yet registered for marriage; are living together as husband and wife; then they are obliged to register their marriage from January 1, 2001, to the end of January 1, 2003 (according to point b; Clause 3 of Resolution No. 35 of the National Assembly). After January 1, 2003, if a man and woman have not registered their marriage, they will not be recognized as husband and wife.
When going to register for marriage, the documents that need to be prepared include:
– Firstly, the Marriage registration statement;
– Secondly, Identity card/passport/Citizen identity card or other papers with photos and still valid;
– Thirdly, Certificate of marital status.
– Finally, The court’s divorce decision or judgment has taken legal effect if you have been married and divorced before.
Men and women who fully meet the conditions for marriage in accordance with the Law on Marriage and family living together as husband and wife without marriage registration shall not give rise to rights and obligations between husband and wife.
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