The law of Vietnam prescribed quite detail about the marriage with foreign elements. The registration of marriage with foreign elements will be rejected in the following cases: -One or both parties are not old enough to get married under the laws of Vietnam -The foreign applicant is not old enough to get married under the laws of the country of which he/she is a citizen or permanent resident (for stateless persons) -The marriage between men and women is not due to a voluntary decision -There is deception, coercion in the marriage -One or bo…
Vietnam law recently has some new regulations on the procedure of marriage registration with foreign element in Vietnam. According to the Civil Status Law, the changes in the marriage registration with foreign element entered into force on January 1st 2016. The new Civil Status Law has strongly decentralized for local government with the provision that the District People’s Committee will settle all the civil registration with foreign elements (including the registration of marriage with foreign elements). The allocation to the District’s Pe…
Husband and wife have the right to choose to apply the statutory or agreed property regime. Basic contents of an agreement on the matrimonial property regime (prenuptial agreement) includes: (i) Property determined as common property and separate property of the husband and wife;(ii) Rights and obligations of the husband and wife toward common property, separate property and related transactions; property to meet the family’s essential needs;(iii) Conditions, procedures and principles of property division upon termination of the property reg…
Upon divorce, in addition to dispute over property division, child custody dispute is also popular. How to determine the child custody in a divorce depends on many factors and the parties are suggested to consult with dispute lawyers in Vietnam in civil matters. The following does not try to give legal advice but a brief opinions on the matters of concern for reference. According to Vietnamese law, after a divorce, parents still have rights and obligations of looking after, caring for, raising and educating minor children or adult children l…
Vietnam family laws covers all legal matters concerning marriages and divorces, including marriage registration procedures, and divorce procedures, matters concerning separate or joint ownership assets and property, child custody, child support, and dispute on related matters. Vietnam marriage laws have developed during the past 40 years and are still connected with changes in the thinking of the Vietnamese society and are thereby not exempt from future amendments that might appear simultaneously with the changes in Vietnam’s fast emerging soc…
When a foreigner marrying a Vietnamese, this is cross cultural marriage with challenges and complexity in relationships which could be legally difficult. The Vietnam laws on Marriage and Family on marriage and family relations involving foreign elements provide legal grounds to avoid false marriages to gain citizenship or conduct human trafficking. The following should be taken into consideration when a foreigner marrying a Vietnamese. However due to the complexity, it is suggested family lawyers in Vietnam to be consulted to ensure the c…
Divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision. What is the condition of divorce? Firstly, we need to know about subjects being entitled to request divorce settlement. That is husband or wife or both having the right to request divorce settlement from a Court; a parent or other relatives has the right to request divorce settlement from a Court when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a vi…
Marriage and family matters are of importance to each individual. Decision on such will impact their life for a long period of time. Marriage and family lawyers could help clients make right decisions and provide services required. At ANT Lawyers, a law firm in Vietnam with offices in Hanoi and Ho Chi Minh City, we assist clients on: Consulting the general provisions of the Law on Marriage and Family in Vietnam; Reviewing and drafting prenuptial agreement; Advising on marriage with foreigners; Advising on div…
When a foreigner marrying a Vietnamese, this is cross cultural marriage with challenges and complexity in relationships which could be legally difficult. The Vietnam laws on Marriage and Family on marriage and family relations involving foreign elements provide legal grounds to avoid false marriages to gain citizenship or conduct human trafficking. The following should be taken into consideration when a foreigner marrying a Vietnamese. However due to the complexity, it is suggested family lawyers in Vietnam to be consulted to ensure the corre…