Living Together Without Marriage Registation In Vietnam
Some foreigners and/or Vietnamese cohabit with their partner without marriage registration in Vietnam. According to the Law on Marriage and Family issued 19/06/2014 of the National Assembly of Vietnam, if a man and woman meet the conditions for getting married, but they cohabit as husband and wife without registration, they have no rights and obligations as husband and wife.
In case they have properties and assets or children in this period, it is likely to be difficult to divide or solve. And if they have not an agreement, the court can decide based on their requests and proofs. However, the settlement of property relations must ensure the lawful rights and interests of women and children. Housework and other related work to maintain the cohabitation shall be regarded as income-generating labor.
Regarding to their properties without having the same opinion, they are usually land use rights, cars, shares in companies. The Court will base on the number of money or their contribution which each partner paid. They need to show the valid proof in the paper or the people who know the situation. For the land use rights, the court will evaluate how much money of the land use rights, and they divide these if the land use rights can not cut in reality. If a partner would like to get the land use rights, they may pay the money to another according to the court’s statement. After the court’s statement take effect, the partners can bring this statement and the red book to the competent agency to change the name.
If they have the company, again each partner needs to show their contribution and the court will decide the rights and obligations of their in the company. In case the court change the capital, stock, the right to manage the company, they need to bring this statement, the business certificate and other related documents to the competent agency to change those.
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