Marriage contract regulations under Vietnamese Law

by HaTrang

The legal marriage agreement is one thing that pre-marriage couples are very attentive. Nature legal of this type of agreement are specified like in the absence of any legal provisions on this type of agreement. So is the marriage contract legal? What are the marriage contract regulations under Vietnamese Law? Please read further below of LSX Law firm.

Legal grounds

Law on Marriage and Family 2014

What is a marriage contract?

Pursuant to Article 385 of the Civil Code stipulating the concept of a contract; a contract is an agreement between parties on the establishment, change or termination of civil rights and obligations. Accordingly Clause 1, Article 3 of the Law on Marriage and Family; marriage is a relationship between husband and wife after marriage.

From the above two bases, a marriage contract is an agreement between the parties on the establishment; change or termination of the relationship rights and obligations between husband and wife after marriage.

Does Vietnamese law recognize marriage contracts?

A marriage contract is an agreement between husband and wife on a marriage relationship. The marriage regime includes regulations on marriage; divorce, rights and obligations between husband and wife, parents and children, and among other family members; alimony, inheritance issues, etc. However, Vietnamese law does not have any specific provisions on the issue of marriage contracts other than the agreement on the property regime before; during and after the marriage period.

The establishment of a marriage relationship based on the conditions of the Law on Marriage and Family registered at a competent authority; will be respected; and protected by law . However, for cases of marriage for the purpose of concealing other purposes such as exit, entry; residence, naturalization of Vietnam or foreign countries, etc.; it is illegal; and will be severely handled by the law.

Conditions for signing a marriage contract

Conditions for signing a marriage contract; or in other words a condition for establishing a marital relationship and issues related to the marriage relationship; for an agreement to establish the property regime of husband and wife; based on article 47 of the Law on Marriage and Family. In case two married parties choose the property regime as agreed upon; this agreement must be made before the marriage; in the form of a notarized or authenticated document. The property regime of husband; and wife under the agreement is established; from the date of marriage registration.

Consequences of annulling a fake marriage

An annulment of a fake marriage can be based on Article 12 of the Law on Marriage and Family which provides for the legal consequences of an illegal annulment of marriage :

  • Firstly, when the illegal marriage is disslove the two marriage parties must terminate their relationship as husband and wife.
  • Secondly rights and obligations of parents; and children shall be settled; accordingly regulations on rights and obligations of parents and children upon divorce.
  • Lastly, Property relations, obligations; and contracts between the parties shall be settled; accordingly the provisions of Article 16 of this Law.

Besides, the handling of illegal marriages is specified in Article 11 of the Law on Marriage and Family and Articles 2,3,4 of Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP stipulating on grounds for annulment of illegal marriages, competence to accept and settle petitions for annulment of illegal marriages; and to handle requests for annulment of illegal marriages.

Lastly, the above is the content of advice on whether the marriage contract is legal? If you have any questions related to the marriage relationship; or want to consult marriage and family law, please contact LSX Law firm: 0833102102

Related questions

Who are foreigners under Vietnamese Law?

Accordingly, foreigners are persons bearing the nationalities of other countries; who are studying, working, living in the Vietnamese territory.

Can a member of the Communist Party of Vietnam marry a foreigner?

Yes, a member of the Communist Party of Vietnam can marry a foreigner. Hence Article 2, Law on Marriage and Family 2014;marriages between Vietnamese citizens and foreigners are respected; and protected by law. Moreover, in the Party Charter and guiding documents; there are no provisions prohibiting Party members from marrying foreigners.

How much is the marriage registration fee?

Accordingly the provisions of Circular 85/2019/TT-BTC; the fee for marriage registration will depend on each region.

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