Law on Marriage and Family No. 52/2014/QH13

LAW

MARRIAGE AND FAMILY

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Marriage and Family Law

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the regime of marriage and family; legal standards for the conduct of family members; the responsibilities of individuals, organizations, the State, and society in building and consolidating the regime of marriage and family.

Article 2. Basic Principles of the Regime of Marriage and Family

1. Marriage shall be voluntary, progressive, monogamous, and gender-equal.

2. Marriages between citizens of Vietnam from different ethnic groups and religions, between those who follow a religion and those who do not, between those with beliefs and those without, and between Vietnamese citizens and foreigners shall be respected and protected by law.

3. Building warm, progressive, and happy families; family members have the obligation to respect, care for, support, and help each other; there shall be no discrimination among children.

4. The State, society, and family have the responsibility to protect and support children, the elderly, and persons with disabilities in exercising their rights related to marriage and family; assist mothers in fulfilling their noble maternal functions; implement family planning.

5. Inherit and promote the fine cultural traditions and moral values of the Vietnamese people regarding marriage and family.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Marriage is the relationship between husband and wife after marriage.

2. Family is a group of people bound together by marriage, blood relations, or adoption, giving rise to rights and obligations among them as prescribed by this Law.

3. Marriage and family regime includes all legal provisions on marriage and divorce; rights and obligations between husband and wife, parents and children, and other family members; alimony; determination of parentage; marriage and family relations involving foreign elements; and other issues related to marriage and family.

4. Customary practices concerning marriage and family are rules of conduct with clear content regarding the rights and obligations of parties in marriage and family relationships, repeatedly observed over a long period and widely recognized in a region, area, or community.

5. Marriage is the act of men and women establishing a marital relationship with each other according to the conditions for marriage and registration of marriage as prescribed by this Law.

6. Invalid marriage is the act of men and women registering their marriage at a competent state agency but one or both parties violate the marriage conditions as stipulated in Article 8 of this Law.

7. Living together as husband and wife is the act of men and women organizing a common life and considering each other as husband and wife.

8. Early marriage is the act of marrying when one or both parties have not reached the legal age for marriage as stipulated in Point a Clause 1 Article 8 of this Law.

9. Forced marriage, divorce is the act of threatening, intimidating, torturing, abusing, demanding property, or other acts to compel someone to marry or divorce against their will.

10. Obstructing marriagedivorce is the act of threatening, intimidating, torturing, abusing, demanding property, or other acts to prevent a person who meets the legal conditions for marriage from getting married or compelling someone to maintain a marriage against their will.

11. Fake marriage is the act of exploiting marriage to exit, enter, reside, acquire Vietnamese nationality or foreign nationality; enjoy preferential policies of the State; or achieve other purposes without the aim of building a family.

12. Demanding property in marriage is the unreasonable demand for material benefits as a condition for marriage to obstruct voluntary marriage between men and women.

13. Period of marriage is the duration of the marital relationship, calculated from the date of marriage registration to the date of termination of the marriage.

14. Divorce is the termination of the marital relationship pursuant to a final judgment or decision of the Court.

15. Fake divorce is the act of exploiting divorce to evade financial obligations, violate population policies and laws, or achieve other purposes without the aim of terminating the marriage.

16. Family member includes spouse, biological or adoptive parents, stepfather, stepmother, parents-in-law, children, adopted children, stepchildren, daughters-in-law, sons-in-law, siblings from the same parents, half-siblings from the same father, half-siblings from the same mother, brothers-in-law, sisters-in-law, grandfathers, grandmothers, grandchildren, aunts, uncles, cousins, and nephews/nieces.

17. Persons of the same bloodline in direct line are people with blood relations, where one person is born from another in succession.

18. Persons within three generations of the same surname are people from the same origin including parents as the first generation; siblings from the same parents, same father, or same mother as the second generation; and siblings from the children of uncles, aunts, cousins, and uncles as the third generation.

19. Close relative is a person with a marital relationship, adoption, or blood relation within three generations, including direct-line relatives and collateral relatives within the same surname.

20. Essential needs are basic living requirements for food, clothing, housing, education, medical examination, and treatment, and other basic living requirements that cannot be dispensed with for the life of each individual and each family.

21. Birth by assisted reproductive technology is the birth of a child through artificial insemination or in vitro fertilization.

22. Surrogacy for humanitarian purposes is the act of a woman voluntarily and without commercial intent helping to carry a pregnancy for a couple where the wife cannot conceive and give birth even with the application of assisted reproductive technology, by using the wife's egg and the husband's sperm to fertilize in vitro, then implanting it into the uterus of the woman who voluntarily carries the pregnancy so that she can carry and give birth to the child.

23. Commercial surrogacy is the act of a woman carrying a pregnancy for another person by applying assisted reproductive technology to gain economic benefit or other advantages.

24. Maintenance is the act of a person having the obligation to contribute money or other assets to meet the essential needs of a person not living with them who has a marital, blood, or adoption relationship, in cases where such person is a minor, an adult unable to work and lacking assets to support themselves, or a person facing difficulties and poverty as prescribed by this Law.

25. Marriage and family relations involving foreign elements is a marital and family relationship where at least one party involved is a foreigner or a Vietnamese citizen residing abroad; a marital and family relationship among parties who are Vietnamese citizens but based on laws of foreign countries for establishing, changing, or terminating such relationships, arising outside Vietnam or involving assets located abroad.

Article 4. Responsibilities of the State and society towards marriage and family

1. The State has policies and measures to protect marriage and family, creating conditions for men and women to establish voluntary, progressive monogamous marriages with equality between spouses; building warm, progressive, happy families and fully performing their functions; strengthening propaganda, dissemination, and education on laws related to marriage and family; mobilizing the people to eliminate outdated customs and traditions regarding marriage and family, promoting positive traditions, customs, and practices that reflect the identity of each ethnic group.

2. The Government uniformly manages state affairs concerning marriage and family. Ministries and equivalent agencies implement state management over marriage and family according to the division of labor by the Government. People's Committees at all levels and other agencies implement state management over marriage and family in accordance with the provisions of the law.

3. Agencies and organizations have the responsibility to educate and mobilize cadres, civil servants, public officials, employees, members of their own organizations, and all citizens to build cultural families; promptly mediate conflicts within families, protect the legitimate rights and interests of family members. Schools cooperate with families in educating, disseminating, and popularizing laws related to marriage and family to the younger generation.

Article 5. Protection of the system of marriage and family

1. Marital and family relationships established and implemented in accordance with this Law shall be respected and protected by law.

a) Dumping garbage or waste in urban streets outside designated areas;

a) Fake marriage, fake divorce;

b) Child marriage, forced marriage, fraudulent marriage, obstruction of marriage;

c) A person who already has a spouse marrying or living together as husband and wife with another person, or a person without a spouse marrying or living together as husband and wife with someone who already has a spouse;

d) Marriage or cohabitation as husband and wife between persons of direct bloodline; between persons with kinship within three generations; between foster parents and foster children; between former foster parents and foster children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepson, stepmother and stepdaughter;

e) Claims for property in marriage;

f) Forced divorce, fraudulent divorce, obstruction of divorce;

g) Implementing assisted reproductive technology for commercial purposes, surrogacy for commercial purposes, sex selection, cloning;

h) Domestic violence;

i) Exploiting the exercise of rights related to marriage and family to buy and sell people, exploit labor, sexually abuse, or engage in other acts for profit.

3. All acts violating laws on marriage and family must be dealt with strictly and in accordance with the law.

Agencies, organizations, and individuals have the right to request courts and other competent authorities to apply timely measures to prevent and deal with persons violating laws on marriage and family.

4. Honor, dignity, reputation, privacy of life, and other private rights of the parties shall be respected and protected during the process of resolving cases related to marriage and family.

Article 6. Application of provisions of the Civil Code and other relevant laws

Provisions of the Civil Code and other relevant laws concerning marriage and family relations shall be applied to marriage and family relations where this Law does not provide otherwise.

Article 7. Application of customs regarding marriage and family

1. In cases where the law does not provide and the parties have no agreement, good customs reflecting the identity of each ethnic group, which are not contrary to the principles stipulated in Article 2 and do not violate prohibitions under this Law, shall be applied.

2. The Government shall provide detailed regulations on Clause 1 of this Article.

Chapter II

MARRIAGE

Article 8. Conditions for Marriage

1. Men and women who marry each other must comply with the following conditions:

a) Men must be at least twenty years old, women must be at least eighteen years old;

b) The marriage must be decided voluntarily by both men and women;

c) They must not be deprived of civil capacity;

d) The marriage must not fall within any of the prohibited circumstances specified in points a, b, c, and d of Clause 2, Article 5 of this Law.

2. The State does not recognize marriages between persons of the same sex.

Article 9. Registration of Marriage

1. Marriages must be registered and carried out by state agencies authorized to do so in accordance with this Law and the law on household registration.

A marriage that is not registered in accordance with the provisions of this clause shall have no legal effect.

2. Couples who have divorced and wish to re-establish their marital relationship must register their marriage.

Article 10. Persons with the Right to Request Annulment of Illegal Marriages

1. According to the law on civil procedure, a person who was forced into marriage or deceived into marriage has the right to request the court to annul the illegal marriage themselves or through individuals or organizations specified in Clause 2 of this Article, if the marriage violates the provisions of point b, Clause 1, Article 8 of this Law.

2. The following individuals, agencies, or organizations, according to the law on civil procedure, have the right to request the court to annul an illegal marriage if the marriage violates the provisions of points a, c, and d, Clause 1, Article 8 of this Law:

a) The spouse of a person who is already married and marries another person; the father, mother, child, guardian, or other legal representative of the person who entered into an illegal marriage;

b) State management agencies for family affairs;

c) State management agencies for children;

d) Women's Union.

3. Other individuals, agencies, or organizations, upon discovering an illegal marriage, have the right to request the agencies or organizations specified in points b, c, and d of Clause 2 of this Article to request the court to annul the illegal marriage.

Article 11. Handling of Illegal Marriages

1. Handling of illegal marriages shall be carried out by the court in accordance with this Law and the law on civil procedure.

2. If, at the time the court resolves the request to annul an illegal marriage, both parties to the marriage meet all the conditions for marriage as stipulated in Article 8 of this Law and both parties request recognition of their marital relationship, the court shall recognize such marital relationship. In this case, the marital relationship is established from the date when both parties met the conditions for marriage as provided by this Law.

3. The court's decision to annul an illegal marriage or recognize a marital relationship must be sent to the agency that conducted the marriage registration to record in the household register; both parties to the illegal marriage; and related individuals, agencies, or organizations in accordance with the law on civil procedure.

4. The Supreme People's Court shall take the lead in coordinating with the Supreme People's Procuracy and the Ministry of Justice to guide this provision.

Article 12. Legal Consequences of Annulment of Void Marriages

1. When a void marriage is annulled, both parties must cease to have marital relations.

2. Rights and obligations of parents and children shall be resolved according to the provisions on rights and obligations of parents and children upon divorce.

3. Property relations, obligations, and contracts between the parties shall be resolved according to the provisions of Article 16 of this Law.

Article 13. Handling of Marriage Registration Not Within Competence

In cases where marriage registration is not within the authority, when requested, the competent state agency shall recover and revoke the marriage certificate in accordance with the law on household registration and require the two parties to re-register their marriage at the competent state agency. In such cases, the marriage relationship is established from the date of the previous marriage registration.

Article 14. Resolution of Consequences of Living Together as Husband and Wife Without Registering Marriage

1. Male and female individuals who meet the conditions for marriage under this Law and live together as husband and wife without registering marriage do not give rise to rights and obligations between husband and wife. Rights and obligations concerning children, property, obligations, and contracts between the parties shall be resolved according to the provisions of Articles 15 and 16 of this Law.

2. In cases where male and female individuals live together as husband and wife without registering marriage as provided for in Clause 1 of this Article but subsequently register their marriage in accordance with the law, the marriage relationship is established from the time of marriage registration.

Article 15. Rights and Obligations of Parents and Children in Cases Where Male and Female Individuals Live Together as Husband and Wife Without Registering Marriage

Rights and obligations between male and female individuals living together as husband and wife and children shall be resolved according to the provisions of this Law on rights and obligations of parents and children.

Article 16. Resolution of Property Relations, Obligations, and Contracts of Male and Female Individuals Living Together as Husband and Wife Without Registering Marriage

1. Property relations, obligations, and contracts of male and female individuals living together as husband and wife without registering marriage shall be resolved according to the agreement between the parties; in the absence of an agreement, they shall be resolved according to the provisions of the Civil Code and other relevant laws.

2. The resolution of property relations must ensure the rights and legitimate interests of women and children; household work and other related work to maintain joint living shall be considered as income-generating labor.

Chapter III

RELATIONSHIP BETWEEN HUSBAND AND WIFE

Section 1

RIGHTS AND OBLIGATIONS IN PERSONAL RELATIONSHIPS

Article 17. Equality of Rights and Obligations Between Husband and Wife

Husband and wife are equal to each other, having equal rights and obligations in all aspects within the family and in the implementation of citizens' rights and obligations stipulated in the Constitution, this Law, and other relevant laws.

Article 18. Protection of Rights and Obligations in Personal Relationships of Husband and Wife

Rights and obligations in personal relationships of husband and wife stipulated in this Law, the Civil Code, and other relevant laws shall be respected and protected.

Article 19. Conjugal Affection

1. Husband and wife have the obligation to love, be faithful, respect, care for, and support each other; share and carry out household tasks together.

2. Husband and wife have the obligation to live together, except in cases where there is a different agreement between them or due to the requirements of profession, work, study, participation in political, economic, cultural, social activities, and other valid reasons.

Article 20. Selection of Place of Residence for Spouses

The selection of place of residence for spouses shall be agreed upon by the spouses and shall not be bound by customs, traditions, or administrative boundaries.

Article 21. Respect for the Honor, Dignity, and Reputation of Husband and Wife

Spouses have the obligation to respect, maintain, and protect each other's honor, dignity, reputation, and prestige.

Article 22. Respect for Freedom of Belief and Religion of Husband and Wife

Spouses have the obligation to respect each other's freedom of belief and religion.

Article 23. Rights and Obligations Regarding Education, Work, and Participation in Political, Economic, Cultural, and Social Activities

Spouses have the right and obligation to create conditions and assist each other in choosing professions; studying, improving cultural, professional, and vocational qualifications; and participating in political, economic, cultural, and social activities.

Section 2

REPRESENTATION BETWEEN SPOUSES

Article 24. Basis for Establishing Representation Between Spouses

1. The representation between spouses in establishing, performing, and terminating transactions shall be determined according to the provisions of this Law, the Civil Code, and related laws.

2. Spouses may authorize each other to establish, perform, and terminate transactions that, according to the provisions of this Law, the Civil Code, and related laws, require the consent of both spouses.

3. One spouse represents the other when the former loses capacity for civil acts and the latter has the necessary conditions to be a guardian, or when one spouse is restricted in capacity for civil acts and the other is appointed by the court as the legal representative for the former, except where the law stipulates that the person must personally exercise the relevant rights and obligations.

In the case where one spouse loses capacity for civil acts and the other requests the court to dissolve the marriage, based on the guardianship provisions in the Civil Code, the court will appoint another person to represent the spouse who has lost capacity for civil acts to resolve the divorce matter.

Article 25. Representation Between Spouses in Business Relations

1. When spouses jointly engage in business, they directly participate in business relations as each other's lawful representatives in those business relations, except where they have previously agreed otherwise or where there are different provisions in this Law and related laws.

2. When spouses use common property in business operations, the provisions of Article 36 of this Law shall apply.

Article 26. Representation Between Spouses Where the Certificate of Ownership or Right to Use Common Property Is Registered Only in the Name of One Spouse

1. The representation between spouses in establishing, performing, and terminating transactions related to common property with certificates of ownership or right to use registered only in the name of one spouse shall be carried out according to the provisions of Articles 24 and 25 of this Law.

2. If one spouse, whose name appears on the certificate of ownership or right to use the property, independently establishes, performs, or terminates transactions with a third party contrary to the provisions on representation between spouses in this Law, such transaction shall be void, except where the law stipulates that a good-faith third party may be protected.

Article 27. Joint Liability of Spouses

1. Spouses shall bear joint liability for transactions performed by one spouse as provided in Clause 1 of Article 30 or other transactions consistent with the provisions on representation in Articles 24, 25, and 26 of this Law.

2. Spouses shall bear joint liability for the obligations stipulated in Article 37 of this Law.

Section 3

PROPERTY REGIME OF SPOUSES

Article 28. Application of Property Regime for Spouses

1. Spouses have the right to choose to apply the property regime prescribed by law or the property regime agreed upon.

The property regime for spouses prescribed by law shall be implemented according to the provisions from Article 33 to Article 46 and from Article 59 to Article 64 of this Law. The property regime for spouses agreed upon shall be implemented according to the provisions of Articles 47, 48, 49, 50, and 59 of this Law.

2. The provisions of Articles 29, 30, 31, and 32 of this Law shall be applied regardless of the property regime chosen by the spouses.

3. The Government shall provide detailed regulations on the property regime for spouses.

Article 29. General Principles on the Property Regime for Spouses

1. Wives and husbands are equal with each other in rights and obligations regarding the establishment, possession, use, and disposition of common property; there is no distinction between domestic labor and income-generating labor.

2. Wives and husbands have the obligation to ensure conditions to meet the essential needs of the family.

3. If the exercise of rights and obligations concerning property by spouses infringes upon the lawful rights and interests of the spouses, the family, and others, compensation must be provided.

Article 30. Rights and Obligations of Wives and Husbands in Meeting the Essential Needs of the Family

1. Wives and husbands have the right and obligation to carry out transactions aimed at meeting the essential needs of the family.

2. In cases where spouses do not have common property or their common property is insufficient to meet the essential needs of the family, spouses have the obligation to contribute their individual assets according to their economic capacity.

Article 31. Transactions Related to the Only Residence of the Spouses

Establishing, implementing, and terminating transactions related to the only residence of the spouses must have the agreement of both spouses. In cases where the residence belongs to the sole ownership of either spouse, the owner has the right to establish, implement, and terminate transactions related to that asset but must ensure accommodation for the spouses.

Article 32. Transactions with Good Faith Third Parties Related to Bank Accounts, Securities Accounts, and Other Chattels That Do Not Require Registration of Ownership or Right to Use According to Law

1. In transactions with good faith third parties, the spouse whose name appears on the bank account or securities account is considered the person entitled to establish and implement transactions related to that asset.

2. In transactions with good faith third parties, the spouse who possesses chattels that do not require registration of ownership according to law is considered the person entitled to establish and implement transactions related to that asset if the Civil Code provides for the protection of good faith third parties.

Article 33. Common Property of Spouses

1. The common property of spouses includes property created by the spouses, income from labor, production, business activities, profits, interest arising from individual property and other lawful income during the marriage, except as provided in Clause 1 of Article 40 of this Law; property inherited jointly or received as joint gifts, and other property agreed upon as common property by the spouses.

Land use rights obtained by spouses after marriage are common property of the spouses, except when a spouse inherits individually, receives a gift individually, or acquires through transactions using individual property.

2. The common property of spouses is jointly owned, used to meet the needs of the family and fulfill common obligations of the spouses.

3. In cases where there is no evidence to prove that the property being disputed by spouses is individual property of each party, such property shall be deemed as common property.

Article 34. Registration of Ownership and Right to Use for Joint Property

1. In cases where joint property of spouses must be registered according to the law, the certificate of ownership and the certificate of right to use shall bear the names of both spouses, except when the spouses have agreed otherwise.

2. If the certificate of ownership or the certificate of right to use only bears the name of one spouse, transactions related to such property shall be carried out in accordance with Article 26 of this Law; disputes over such property shall be resolved in accordance with Clause 3, Article 33 of this Law.

Article 35. Possession, Use, and Disposal of Joint Property

1. The possession, use, and disposal of joint property shall be agreed upon by the spouses.

2. The disposal of joint property must be agreed upon in writing by the spouses in the following cases:

a) Real estate;

b) Movable property that must be registered according to the law;

c) Property that is the main source of income for the family.

Article 36. Joint Property Used for Business

When spouses agree on one party using joint property for business, that person has the right to independently conduct transactions related to such property. Such agreement must be documented in writing.

Article 37. Common Obligations Regarding Property of Spouses

Spouses have the following common obligations regarding property:

1. Obligations arising from transactions established by mutual agreement of the spouses, and obligations to compensate for damages for which the spouses are jointly responsible under the law;

2. Obligations performed by either spouse to meet the essential needs of the family;

3. Obligations arising from the possession, use, and disposal of joint property;

4. Obligations arising from the use of individual property to maintain and develop the joint asset pool or to generate the primary income of the family;

5. Obligation to compensate for damages caused by children, as required by the Civil Code;

6. Other obligations as prescribed by relevant laws.

Article 38. Division of Joint Property During Marriage

1. During marriage, spouses may agree to divide part or all of their joint property, except as provided in Article 42 of this Law; if they cannot reach an agreement, they may request the court to resolve it.

2. Agreements on dividing joint property must be documented in writing. This document can be notarized at the request of the spouses or as required by law.

3. If either spouse requests, the court will resolve the division of joint property between spouses in accordance with Article 59 of this Law.

Article 39. Effective Date of Division of Joint Property During Marriage

1. The effective date of the division of joint property between spouses is the date agreed upon by the spouses and recorded in the document; if the document does not specify the effective date, it shall be considered effective from the date the document was created.

2. If the divided property must comply with certain formalities according to the law, the division of joint property between spouses shall be effective from the date the agreement complies with the formalities prescribed by law.

3. If the court divides joint property between spouses, the division of joint property shall be effective from the date the judgment or decision of the court becomes legally binding.

4. Rights and obligations regarding property between spouses and third parties arising before the effective date of the division of joint property remain legally valid, unless the parties have agreed otherwise.

Article 40. Consequences of dividing joint property during marriage

1. In cases where joint property of spouses is divided, the portion of property allocated, income, and profits generated from each party's separate property after the division shall remain the separate property of the wife or husband, except where the spouses have agreed otherwise. The remaining undivided portion shall still be joint property of the spouses.

2. The agreement of the spouses stipulated in Clause 1 of this Article does not change the rights and obligations regarding property established prior to that between the spouses and third parties.

Article 41. Termination of Effectiveness of Division of Joint Property During Marriage

1. After dividing joint property during marriage, the spouses may agree to terminate the effectiveness of the division of joint property. The form of such agreement shall be implemented according to the provisions of Clause 2 of Article 38 of this Law.

2. From the date the agreement of the spouses stipulated in Clause 1 of this Article becomes effective, the determination of joint property and separate property of the spouses shall be carried out according to the provisions of Articles 33 and 43 of this Law. The portion of property that the wife or husband has been allocated remains their separate property, except where the spouses have agreed otherwise.

3. Rights and obligations regarding property arising before the termination of the effectiveness of the division of joint property remain effective, except where the parties have agreed otherwise.

4. In cases where the division of joint property during marriage is carried out pursuant to a judgment or decision with legal effect of the Court, the agreement to terminate the effectiveness of the division of joint property must be recognized by the Court.

Article 42. Void Division of Joint Property During Marriage

The division of joint property during marriage is void when it falls under one of the following circumstances:

1. Seriously affecting the interests of the family; the rights and legitimate interests of minor children, adult children who have lost civil capacity or have no ability to work and no assets to support themselves;

2. Aimed at evading the performance of the following obligations:

a) Obligation to provide maintenance or alimony;

b) Obligation to compensate for damages;

c) Obligation to pay off debts upon declaration of bankruptcy by the Court;

d) Obligation to repay debts to individuals or organizations;

đ) Obligation to pay taxes or other financial obligations to the State;

e) Other property-related obligations as prescribed by this Law, the Civil Code, and other relevant laws.

Article 43. Separate Property of Spouses

1. The separate property of spouses includes property each person had before marriage; property inherited or gifted separately during the marriage; property allocated separately to the wife or husband as provided for in Articles 38, 39, and 40 of this Law; property serving essential needs of the wife or husband, and other property that, according to the law, belongs to the separate ownership of the wife or husband.

2. Property formed from the separate property of the spouses is also the separate property of the spouses. Income and profits generated from separate property during the marriage shall be implemented according to the provisions of Clause 1 of Article 33 and Clause 1 of Article 40 of this Law.

Article 44. Possession, Use, and Disposal of Separate Property

1. The spouses have the right to possess, use, and dispose of their own separate property; to incorporate or not incorporate separate property into joint property.

2. In cases where a spouse cannot manage their separate property themselves and does not authorize another person to manage it, the other spouse has the right to manage that property. Management of the property must ensure the interests of the owner.

3. Each person's individual obligations regarding property shall be settled from their own separate property.

4. In cases where the spouses have separate property and the income and profits from that separate property are the sole source of livelihood for the family, the disposal of such property must have the consent of both the husband and wife.

Article 45. Individual Obligations Regarding Property of Spouses

The spouses have the following individual obligations regarding property:

1. Obligations that each spouse had before marriage;

2. Obligations arising from the possession, use, and disposition of individual property, except for obligations arising from the preservation, maintenance, and repair of individual property of the spouses as provided for in Clause 4, Article 44 or Clause 4, Article 37 of this Law;

3. Obligations arising from transactions established and performed by one party not for the needs of the family;

4. Obligations arising from acts violating the law by the spouses.

Article 46. Incorporation of Individual Property of Spouses into Joint Property

1. The incorporation of individual property of the spouses into joint property shall be carried out according to the agreement of the spouses.

2. If, according to the law, transactions related to such property must comply with certain formalities, the agreement must ensure those formalities.

3. Obligations related to individual property incorporated into joint property shall be fulfilled using joint property, except where the spouses have agreed otherwise or where the law provides otherwise.

Article 47. Agreement Establishing the Property Regime of Spouses

In cases where both parties choose the property regime through an agreement at the time of marriage, such agreement must be established before marriage in the form of a written document that has been notarized or certified. The property regime of spouses based on the agreement takes effect from the date of registration of marriage.

Article 48. Basic Content of the Agreement on the Property Regime of Spouses

1. The basic content of the agreement on the property regime includes:

a) Property determined as joint property or individual property of the spouses;

b) Rights and obligations of the spouses towards joint property, individual property, and related transactions; property to meet essential needs of the family;

c) Conditions, procedures, and principles for dividing property when terminating the property regime;

d) Other relevant contents.

2. When implementing the property regime according to the agreement, if issues arise that were not agreed upon or were unclearly agreed upon by the spouses, provisions of Articles 29, 30, 31, and 32 of this Law and corresponding provisions of the statutory property regime shall apply.

Article 49. Amendment and Supplement to the Content of the Agreement on the Property Regime of Spouses

1. The spouses have the right to amend and supplement the agreement on the property regime.

2. The form of amending and supplementing the content of the agreement on the property regime according to the agreement shall be applied in accordance with the provisions of Article 47 of this Law.

Article 50. Void Agreement on the Property Regime of Spouses

1. The agreement on the property regime of spouses shall be declared void by the court in any of the following cases:

a) Failure to comply with the conditions for the validity of transactions as stipulated in the Civil Code and other relevant laws;

b) Violation of any of the provisions of Articles 29, 30, 31, and 32 of this Law;

c) The content of the agreement seriously violates the right to alimony, the right to inheritance, and other legitimate rights and interests of parents, children, and other members of the family.

2. The Supreme People's Court shall take the lead in coordinating with the Supreme People's Procuracy and the Ministry of Justice to guide Clause 1 of this Article.

Chapter IV

DISSOLUTION OF MARRIAGE

Section 1

DIVORCE

Article 51. Right to Request Divorce Resolution

1. The husband, wife, or both have the right to request the Court to resolve the divorce.

2. Parents or other relatives have the right to request the Court to resolve the divorce when one party suffers from mental illness or another disease that prevents them from recognizing and controlling their own behavior, and at the same time is a victim of domestic violence caused by the other spouse, seriously affecting their life, health, and spirit.

3. The husband does not have the right to request a divorce when the wife is pregnant, has given birth, or is nursing a child under twelve months old.

Article 52. Encouraging Mediation at the Grassroots Level

The State and society encourage grassroots-level mediation when the wife and husband request divorce. Mediation is conducted in accordance with the provisions of the law on grassroots-level mediation.

Article 53. Accepting Divorce Petitions

1. The Court accepts divorce petitions in accordance with the provisions of the Civil Procedure Code.

2. In cases where there is no marriage registration but a divorce request is made, the Court will accept the petition and declare that the marital relationship is not recognized according to Clause 1, Article 14 of this Law; if there are requests regarding children and property, they will be resolved according to Articles 15 and 16 of this Law.

Article 54. Mediation at the Court

After accepting the divorce petition, the court conducts mediation in accordance with the provisions of the law on civil procedure.

Article 55. Mutual Consent Divorce

In cases where both spouses request a divorce, if it is determined that both parties genuinely consent to the divorce and have agreed on the division of assets, the care, upbringing, and education of children based on ensuring the legitimate rights of the wife and children, then the Court will recognize the mutual consent divorce; if there is no agreement or the agreement does not ensure the legitimate rights of the wife and children, the Court will resolve the divorce.

Article 56. Divorce at the Request of One Party

1. When one spouse requests a divorce and mediation at the Court fails, the Court will grant the divorce if there is evidence of violent behavior or serious violation of the rights and obligations of the spouse, causing the marriage to deteriorate severely, making communal life unsustainable, and the purpose of the marriage unattainable.

2. In cases where one spouse requests a divorce while the other spouse has been declared missing by the Court, the Court will grant the divorce.

3. In cases where a divorce request is made according to Clause 2, Article 51 of this Law, the Court will grant the divorce if there is evidence of violent behavior by the spouse that seriously affects the life, health, and spirit of the other spouse.

Article 57. Termination Date of Marriage and Responsibility for Sending Divorce Judgments and Decisions

1. The marital relationship ends from the date the divorce judgment or decision of the Court becomes legally effective.

2. The Court that has resolved the divorce must send the divorce judgment or decision, which has become legally effective, to the agency that registered the marriage to record in the household register; the divorcing couple; individuals, agencies, organizations as stipulated by the Civil Procedure Code and other relevant laws.

Article 58. Rights and Obligations of Parents and Children After Divorce

Matters concerning the care, upbringing, support, and education of children after divorce shall be applied according to the provisions of Articles 81, 82, 83, and 84 of this Law.

Article 59. Principles for Resolving Spouses' Property Upon Divorce

1. In cases where the property regime of the spouses is governed by law, the resolution of property shall be based on the agreement of the parties; if no agreement can be reached, upon the request of the wife, husband, or both, the Court will resolve according to the provisions of Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law.

In cases where the property regime of the spouses is based on an agreement, the resolution of property upon divorce shall be applied according to such agreement; if the agreement is incomplete or unclear, the corresponding provisions of Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law shall be applied to resolve the matter.

2. Common property of the spouses shall be divided equally but taking into account the following factors:

a) The circumstances of the family and of the husband and wife;

b) The contributions of the husband and wife to the creation, maintenance, and development of the common asset. Labor within the family is considered income-generating labor;

c) Protecting each party's legitimate interests in production, business, and profession so that each party has the conditions to continue working and generating income;

d) The fault of each party in violating the rights and obligations of the spouses.

3. Common property of the spouses shall be divided in kind; if division in kind is not possible, it shall be divided by value; the party receiving the portion of property in kind with a higher value than their share shall pay the difference to the other party.

4. Personal property of the husband or wife belongs to the individual, except in cases where personal property has been incorporated into common property according to this Law.

In cases where there is a merger or mixing of personal property with common property and the husband or wife requests division of the property, they shall be compensated for the value of their contribution to the common property, except in cases where the husband and wife have a different agreement.

5. Protecting the rights and legitimate interests of the wife, minor children, and adult children who lack civil capacity or are unable to work and have no assets to support themselves.

6. The Supreme People's Court shall take the lead in coordinating with the Supreme People's Procuracy and the Ministry of Justice to guide this Article.

Article 60. Settlement of Property Rights and Obligations of Spouses towards Third Parties upon Divorce

1. The property rights and obligations of spouses towards third parties remain valid after divorce, except where spouses and third parties have agreed otherwise.

2. In case of disputes over property rights and obligations, provisions of Articles 27, 37, and 45 of this Law and the provisions of the Civil Code shall be applied to resolve such disputes.

Article 61. Division of Property when Spouses Live with Their Family

1. When spouses living with their family divorce, if it is not possible to determine the spouses' property within the family's joint assets, then either spouse may be entitled to a share in the family's joint assets based on the contribution of the spouses to the creation, maintenance, and development of the joint assets as well as their shared life within the family. The division of a portion of the joint assets shall be agreed upon between the spouses and the family; if agreement cannot be reached, the matter shall be referred to the Court for resolution.

2. When spouses living with their family can identify their property within the family's joint assets, upon divorce, the portion of the spouses' property separated from the joint assets shall be divided according to the provisions of Article 59 of this Law.

Article 62. Division of Land Use Rights of Spouses upon Divorce

1. If land use rights are personal property of one party, they remain with that party upon divorce.

2. The division of land use rights as common property of spouses upon divorce shall be carried out as follows:

a) For agricultural land for annual crops and aquaculture, if both parties have the need and conditions to directly use the land, it shall be divided according to their agreement; if no agreement can be reached, the matter shall be referred to the Court for resolution according to the provisions of Article 59 of this Law.

In cases where only one party has the need and conditions to directly use the land, that party may continue to use it but must pay the other party the value of the land use right that they are entitled to;

b) In cases where spouses jointly own agricultural land for annual crops and aquaculture with a household, upon divorce, the portion of land use rights belonging to the spouses shall be separated and divided according to the provisions of point a of this clause;

c) For agricultural land for perennial crops, forestry land for planting forests, and residential land, they shall be divided according to the provisions of Article 59 of this Law;

d) For other types of land, they shall be divided according to the laws on land.

3. In cases where spouses living with their family do not jointly own land with a household, upon divorce, the rights of the party without land use rights and who does not continue to live with the family shall be resolved according to the provisions of Article 61 of this Law.

Article 63. Right to Stay in Residence upon Divorce

Housing owned individually by the wife or husband that has been used in common shall remain the individual property of that person upon divorce; in cases where the wife or husband has difficulty finding accommodation, they have the right to stay in the residence for a period of six months from the date the marital relationship ends, unless the parties have agreed otherwise.

Article 64. Division of Common Property of Spouses Used in Business

Spouses engaged in business activities related to common property have the right to receive such property and must pay the other party the value of the property they are entitled to, except as otherwise provided by laws on business.

Section 2

MARITAL RELATIONSHIP TERMINATED DUE TO THE DEATH OF THE SPOUSE

TERMINATION OF MARRIAGE DUE TO DEATH OF SPOUSE OR DECLARATION BY COURT AS DECEASED

Article 65. Time of Termination of Marriage

The marriage terminates from the moment when one spouse dies.

In the case where the court declares one spouse to be dead, the time of termination of the marriage shall be determined according to the date of death recorded in the judgment or decision of the court.

Article 66. Settlement of Spouses' Joint Property in Case of Death of One Party or Declaration of Death by Court

1. When one spouse dies or is declared dead by the court, the surviving spouse manages the joint property of the spouses, except in cases where the deceased spouse's will designates another person to manage the inheritance or the heirs agree to appoint another person to manage the inheritance.

2. When there is a request for division of the inheritance, the joint property of the spouses shall be divided equally, except in cases where the spouses have agreed on their property regime. The share of the property of the deceased spouse or the spouse declared dead shall be divided according to the provisions of the law on inheritance.

3. In cases where the division of the inheritance significantly affects the life of the surviving spouse or the family, the surviving spouse has the right to request the court to limit the division of the inheritance according to the provisions of the Civil Code.

4. The property of the spouses in business operations shall be settled according to the provisions of Clauses 1, 2, and 3 of this Article, except in cases where the law on business operations provides otherwise.

Article 67. Personal and Property Relations When a Spouse Is Declared Dead and Returns

1. When the court issues a decision to revoke the declaration of a person as dead and that person's spouse has not remarried, the marital relationship is restored from the date of marriage. If there is a divorce decision by the court according to Clause 2 of Article 56 of this Law, such decision remains legally valid. If the spouse has remarried, the new marital relationship established is legally valid.

2. The property relations of the person declared dead who returns with his or her spouse shall be settled as follows:

a) In the case where the marital relationship is restored, the property relations are restored from the date the court's decision revoking the declaration of the spouse as dead becomes effective. Property obtained by the spouse from the date the court's decision declaring the spouse as dead becomes effective until the date the decision revoking the declaration of the spouse as dead becomes effective is considered personal property of that person;

b) In the case where the marital relationship is not restored, property obtained before the court's decision declaring the spouse as dead becomes effective and has not been divided shall be settled as if it were divided upon divorce.

Chapter V

RELATIONSHIP BETWEEN PARENTS AND CHILDREN

Section 1

RIGHTS AND OBLIGATIONS BETWEEN PARENTS AND CHILDREN

Article 68. Protection of Rights and Obligations of Parents and Children

1. The rights and obligations of parents and children as stipulated in this Law, the Civil Code, and other relevant laws shall be respected and protected.

2. Children born regardless of the marital status of their parents shall have equal rights and obligations towards their parents as stipulated in this Law, the Civil Code, and other relevant laws.

3. Between adopted children and adoptive parents, there are the rights and obligations of parents and children as stipulated in this Law, the Adoption Law, the Civil Code, and other relevant laws.

4. Any agreement between parents and children concerning personal and property relations shall not affect the legitimate rights and interests of minor children, adult children who have lost civil capacity or are unable to work and have no assets to support themselves, or parents who have lost civil capacity or are unable to work and have no assets to support themselves.

Article 69. Duties and rights of parents

1. To love children, respect their opinions; to care for their studies and education so that they develop healthily in terms of physical health, intelligence, morality, becoming filial children of the family and useful citizens for society.

2. To look after, raise, take care of, and protect the legitimate rights and interests of minor children, adult children who have lost civil capacity or are unable to work and do not have assets to support themselves.

3. To act as guardian or representative for minor children, adult children who have lost civil capacity in accordance with the Civil Code.

4. Not to discriminate against children based on gender or the marital status of parents; not to overwork minor children, adult children who have lost civil capacity or are unable to work; not to incite or force children to engage in activities contrary to the law or social morals.

Article 70. Rights and duties of children

1. To be loved and respected by parents, to exercise their legitimate rights and interests regarding personal status and property as provided by law; to study and be educated; to develop healthily in terms of physical health, intelligence, and morality.

2. To have the duty to love, respect, show gratitude, be filial, and support parents, to maintain the honor and fine traditions of the family.

3. Minor children, adult children who have lost civil capacity or are unable to work and do not have assets to support themselves have the right to live with parents, to be looked after, raised, and taken care of by parents.

Minor children may participate in household work appropriate to their age and not contrary to the provisions of the law on protecting, caring for, and educating children.

4. Adult children have the right to freely choose their profession, place of residence, education, and improve their cultural level, expertise, and vocational skills; to participate in political, economic, cultural, and social activities according to their wishes and abilities. When living with parents, children have the duty to participate in household work, labor, production, and generate income to ensure the common livelihood of the family; to contribute income to meet the needs of the family in accordance with their ability.

5. To enjoy the right to share in the family's property commensurate with their contribution to the family's assets.

Article 71. Duties and rights of care and upbringing

1. Parents have equal duties and rights to jointly care for and raise minor children, adult children who have lost civil capacity or are unable to work and do not have assets to support themselves.

2. Children have the duty and right to care for and raise parents, especially when parents lose civil capacity, are sick, elderly, or disabled; in cases where there are multiple children in the family, the children must jointly care for and raise parents.

Article 72. Duties and rights of educating children

1. Parents have the obligation and right to educate their children, pay attention to and create conditions for their children's studies.

Parents create conditions for children to live in a warm and harmonious family environment; set a good example for children in all aspects; closely cooperate with schools, agencies, and organizations in educating children.

2. Parents guide children in choosing careers; respect the right to choose a career and the right to participate in political, economic, cultural, and social activities of children.

3. Parents may request assistance from relevant agencies and organizations to implement the education of children when encountering difficulties that cannot be resolved independently.

Article 73. Representation for Children

1. Parents are the legal representatives of their minor children and adult children who have lost civil capacity, except where the child has another guardian or another legal representative.

2. A parent may act on their own to enter into transactions necessary to meet the essential needs of their minor child or adult child who has lost civil capacity or who is unable to work and has no property to support themselves.

3. For transactions involving immovable property, movable property registered under ownership or usufruct rights, or property used for business purposes belonging to a minor child or an adult child who has lost civil capacity, the consent of both parents is required.

4. Parents shall be jointly liable for transactions concerning the property of their children as provided in Clause 2 and Clause 3 of this Article and in accordance with the Civil Code.

Article 74. Compensation for Damage Caused by Children

Parents must compensate for damage caused by their minor children or adult children who have lost civil capacity, in accordance with the provisions of the Civil Code.

Article 75. Right to Own Personal Property of Children

1. Children have the right to own personal property. The personal property of children includes property inherited individually, received as individual gifts, income from their labor, profits, interest arising from their personal property, and other lawful income. Property formed from personal property of children is also considered personal property of children.

2. Children aged 15 years or older living with their parents must take care of the family's common life; contribute to meeting the family's essential needs if they have income.

3. Adult children have the obligation to contribute their income towards meeting the family's needs as stipulated in Clause 4 of Article 70 of this Law.

Article 76. Management of Children's Personal Property

1. Children aged 15 years or older can manage their personal property themselves or entrust their parents to manage it.

2. The personal property of children under 15 years old or those who have lost civil capacity is managed by their parents. Parents may delegate management of the child's personal property to others. The personal property of children managed by parents or others will be returned to the child when the child reaches 15 years of age or regains full civil capacity, unless otherwise agreed between the parents and the child.

3. Parents shall not manage the personal property of children in cases where the child is under guardianship by another person as provided in the Civil Code; where the donor of property or the testator of inheritance has designated someone else to manage that property, or in other cases as provided by law.

4. In cases where parents are managing the personal property of minor children or adult children who have lost civil capacity, but the child has been placed under the guardianship of another person, the child's personal property shall be managed by the guardian in accordance with the provisions of the Civil Code.

Article 77. Disposal of Personal Property of Minor Children and Adult Children Who Have Lost Civil Capacity

1. Where parents or guardians manage the personal property of children under 15 years old, they have the right to dispose of such property for the benefit of the child, and if the child is at least nine years old, the wishes of the child must be taken into account.

2. Children aged 15 years or older but under 18 years old have the right to dispose of their personal property, except where the property is immovable or movable property registered under ownership or usufruct rights, or used for business purposes, which requires the written consent of the parents or guardian.

3. In cases where adult children have lost civil capacity, the disposal of their personal property shall be carried out by the guardian.

Article 78. Rights and Obligations of Adoptive Father, Adoptive Mother, and Adopted Child

1. The adoptive father, adoptive mother, and adopted child shall have the rights and obligations of parent and child as prescribed in this Law from the date the adoption relationship is established in accordance with the Adoption Law.

In cases where the adoption relationship is terminated by a court decision, the rights and obligations of the adoptive father and adoptive mother towards the adopted child shall terminate from the date the court's decision becomes legally effective.

2. The rights and obligations of the biological father, biological mother, and child who has been adopted by another person shall be implemented in accordance with the provisions of the Adoption Law.

3. The rights and obligations between the biological father, biological mother, and biological child shall be restored from the date the adoption relationship terminates. In cases where the biological father or biological mother is deceased or does not have the conditions to raise their minor children, adult children who have lost civil capacity or are unable to work and do not have assets to support themselves, the court shall resolve the termination of the adoption and appoint a guardian for the child in accordance with the Civil Code.

Article 79. Rights and Obligations of Stepparent, Stepmother, and Stepchild of Wife or Husband

1. The stepparent and stepmother have the right and obligation to care for, nurture, take care of, and educate the stepchild living together with them according to Articles 69, 71, and 72 of this Law.

2. The stepchild has the right and obligation to care for and support the stepparent and stepmother living together with them according to Articles 70 and 71 of this Law.

Article 80. Rights and Obligations of Daughter-in-law, Son-in-law, Father-in-law, and Mother-in-law

When the daughter-in-law or son-in-law lives with the father-in-law and mother-in-law, the parties shall have the rights and obligations to respect, care for, and assist each other according to Articles 69, 70, 71, and 72 of this Law.

Article 81. Care, Support, Nurturing, and Education of Children After Divorce

1. After divorce, parents still have the right and obligation to care for, support, nurture, and educate their minor children, adult children who have lost civil capacity or are unable to work and do not have assets to support themselves according to this Law, the Civil Code, and related laws.

2. The wife and husband may agree on who will directly raise the child, the rights and obligations of each party towards the child after divorce; if they cannot reach an agreement, the court shall decide to entrust the child to one party based on the best interests of the child in all aspects; if the child is at least seven years old, the court must consider the child’s wishes.

3. A child under thirty-six months of age shall be entrusted to the mother for direct care, unless the mother is not qualified to directly care for, support, nurture, and educate the child or the parents have agreed otherwise in the child's best interest.

Article 82. Obligations and Rights of Parents Not Directly Raising the Child After Divorce

1. Parents not directly raising the child have the obligation to respect the child's right to live with the parent who is directly raising the child.

2. Parents not directly raising the child have the obligation to provide maintenance for the child.

3. After divorce, the parent not directly raising the child has the right and obligation to visit the child without anyone obstructing.

If the parent not directly raising the child abuses the right to visit to obstruct or negatively impact the care, support, nurturing, and education of the child, the parent directly raising the child has the right to request the court to limit the visiting rights of that parent.

Article 83. Obligations and rights of the parent directly raising the child towards the non-custodial parent after divorce

1. The parent directly raising the child has the right to request the non-custodial parent to fulfill obligations as stipulated in Article 82 of this Law; to request the non-custodial parent and other family members to respect their right to raise the child.

2. The parent directly raising the child and other family members shall not obstruct the non-custodial parent from visiting, caring for, nurturing, and educating the child.

Article 84. Changing the parent directly raising the child after divorce

1. In cases where there is a request from the parents or individuals, organizations specified in Clause 5 of this Article, the Court may decide on changing the parent directly raising the child.

2. The change of the parent directly raising the child shall be resolved when one of the following grounds exists:

a) The parents have agreed to change the parent directly raising the child in accordance with the best interests of the child;

b) The parent directly raising the child no longer meets the conditions to directly supervise, care for, nurture, and educate the child.

3. The change of the parent directly raising the child must take into account the wishes of the child who is at least seven years old.

4. In cases where it is found that neither the father nor the mother meets the conditions to directly raise the child, the Court will decide to entrust the child to a guardian as provided for in the Civil Code.

5. In cases where there is a basis as stipulated in point b Clause 2 of this Article, based on the best interests of the child, the following individuals, agencies, and organizations have the right to request a change of the parent directly raising the child:

a) Close relatives;

b) State management agencies for family affairs;

c) State management agencies for children;

d) Women's Union.

Article 85. Limitation of rights of parents towards minor children

1. Parents shall have their rights limited towards minor children in the following cases:

a) Being convicted of one of the crimes infringing upon the life, health, dignity, or reputation of the child with intentional fault or having seriously violated the duty to supervise, care for, nurture, and educate the child;

b) Wasting the property of the child;

c) Having a depraved lifestyle;

d) Inciting or compelling the child to perform acts contrary to the law or social morality.

2. Depending on each specific case, the Court may itself or upon the request of individuals, agencies, or organizations specified in Article 86 of this Law issue a decision prohibiting the parents from supervising, caring for, or educating the child, managing the child's personal property, or representing the child legally for a period of one to five years. The Court may consider shortening this period.

Article 86. Individuals with the right to request the Court to limit the rights of parents towards minor children

1. Parents, guardians of minor children, as prescribed by the Civil Procedure Law, have the right to request the Court to limit the rights of parents towards minor children.

2. The following individuals, agencies, and organizations, as prescribed by the Civil Procedure Law, have the right to request the Court to limit the rights of parents towards minor children:

a) Close relatives;

b) State management agencies for family affairs;

c) State management agencies for children;

d) Women's Union.

3. Other individuals, agencies, and organizations, upon discovering that parents have violated the provisions of Clause 1 of Article 85 of this Law, have the right to propose to the agencies and organizations specified in points b, c, and d of Clause 2 of this Article to request the Court to limit the rights of parents towards minor children.

Article 87. Legal Consequences of Parents' Rights Being Restricted with Respect to Minor Children

1. In cases where either the father or mother's rights towards minor children are restricted by the Court, the other parent shall exercise the rights to care for, raise, nurture, educate the child, manage the child's personal property, and represent the child under the law.

2. The duties of caring for, nurturing, educating the child and managing the child's personal property shall be assigned to the guardian as stipulated in the Civil Code and this Law in the following circumstances:

a) Both the father and mother have their rights towards minor children restricted by the Court;

b) One of the parents does not have their rights restricted towards minor children but lacks the conditions to fulfill their obligations towards the child;

c) One of the parents has their rights restricted towards minor children and the other parent of the minor child has yet to be identified.

3. Parents whose rights towards minor children have been restricted by the Court still must fulfill the obligation to provide maintenance for the child.

Section 2

DETERMINATION OF FATHER, MOTHER, AND CHILD

Article 88. Determining Father and Mother

1. A child born during the marriage period or conceived during the marriage period is considered a common child of the husband and wife.

A child born within 300 days from the date of termination of the marriage is considered a child conceived during the marriage period.

A child born before the registration of marriage and acknowledged by both parents as a common child of the husband and wife.

2. In cases where the father and mother do not acknowledge the child, there must be evidence and it must be determined by the Court.

Article 89. Determining Child

1. A person who is not recognized as the father or mother of another person may request the Court to determine that person as their child.

2. A person recognized as the father or mother of another person may request the Court to determine that person as not being their child.

Article 90. Right to Acknowledge Father or Mother

1. A child has the right to acknowledge their father or mother, including in cases where the father or mother has died.

2. An adult child has the right to acknowledge their father without needing the consent of the mother; to acknowledge their mother without needing the consent of the father.

Article 91. Right to Acknowledge Child

1. Parents have the right to acknowledge their child, including in cases where the child has died.

2. In cases where a person with a spouse acknowledges a child, such acknowledgment does not require the consent of the other party.

Article 92. Determining Father, Mother, and Child in Cases Where the Person Requesting Has Died

In cases where there is a request for determining father, mother, or child and the person making the request has died, relatives of that person have the right to request the Court to determine father, mother, or child for the deceased requester.

Article 93. Determining Father and Mother in Cases of Assisted Reproductive Technology

1. In cases where a wife gives birth through assisted reproductive technology, the determination of father and mother shall be carried out according to the provisions of Article 88 of this Law.

2. In cases where an unmarried woman gives birth through assisted reproductive technology, she is the mother of the child born.

3. Giving birth through assisted reproductive technology does not give rise to a relationship between the father, mother, and child of the sperm donor, egg donor, or embryo donor and the child born.

4. The determination of father and mother in cases of altruistic surrogacy is carried out according to the provisions of Article 94 of this Law.

Article 94. Determining Father and Mother in Cases of Altruistic Surrogacy

A child born in cases of altruistic surrogacy is considered a common child of the couple seeking surrogacy from the moment of birth.

Article 95. Conditions for Surrogacy for Humanitarian Purposes

1. Surrogacy for humanitarian purposes must be carried out on the basis of voluntary agreement among all parties and documented in writing.

2. A married couple has the right to request surrogacy when they meet the following conditions:

a) There is a confirmation from a competent health organization that the wife is unable to carry and give birth to a child even with the application of assisted reproductive technology;

b) The couple does not have any common children;

c) They have been advised on medical, legal, and psychological matters.

3. The person requested to act as a surrogate must meet the following conditions:

a) She is a close relative of the same generation of either the husband or wife requesting surrogacy;

b) She has previously given birth and can only act as a surrogate once;

c) She is of appropriate age and there is a confirmation from a competent health organization regarding her ability to carry a pregnancy;

d) In the case where the woman acting as a surrogate has a husband, she must have his written consent;

đ) She has been advised on medical, legal, and psychological matters.

4. Surrogacy for humanitarian purposes must not contravene the provisions of the law on giving birth through assisted reproductive technology.

5. The Government shall provide detailed regulations on this matter.

Article 96. Agreement on Surrogacy for Humanitarian Purposes

1. The agreement on surrogacy for humanitarian purposes between the couple requesting surrogacy (hereinafter referred to as the requesting party) and the couple acting as a surrogate (hereinafter referred to as the surrogate party) must include the following basic contents:

a) Full information about the requesting party and the surrogate party according to the relevant conditions stipulated in Article 95 of this Law;

b) Commitment to fulfill the rights and obligations prescribed in Articles 97 and 98 of this Law;

c) Resolution of consequences in cases of obstetric complications; support to ensure reproductive health for the surrogate during pregnancy and childbirth, the process of the requesting party receiving the child, rights and obligations of both parties towards the child if the child has not yet been handed over to the requesting party, and other related rights and obligations;

d) Civil liability in the event that one or both parties breach their commitments under the agreement.

2. The agreement on surrogacy must be documented in writing and notarized. In cases where the requesting party or the surrogate party authorizes each other to enter into the agreement, such authorization must also be documented in writing and notarized. Authorization to a third party has no legal effect.

In cases where the agreement on surrogacy between the surrogate party and the requesting party is established together with the agreement between them and the healthcare facility performing the assisted reproductive technology procedure, this agreement must be confirmed by a competent authority of the healthcare facility.

Article 97. Rights and Obligations of the Party Acting as a Surrogate for Humanitarian Purposes

1. The surrogate and her husband have the rights and obligations of parents in caring for reproductive health and nurturing and raising the child until the time of handing over the child to the requesting party; they must hand over the child to the requesting party.

2. The surrogate must comply with regulations on examination, screening procedures to detect and treat fetal abnormalities as prescribed by the Ministry of Health.

3. The surrogate is entitled to maternity leave benefits according to the labor law and social insurance law up until the time of handing over the child to the requesting party. In cases where the period of maternity leave benefits is less than 60 days from the date of childbirth to the time of handing over the child, the surrogate continues to enjoy maternity leave benefits until the 60-day period is completed. Childbirth due to surrogacy does not count toward family planning policies.

4. The surrogate party has the right to request the requesting party to provide support and care for reproductive health.

In cases where it is necessary for her own life or health or the development of the fetus, the surrogate has the right to decide on the number of embryos, whether to continue or terminate the pregnancy in accordance with the law on reproductive health care and childbirth through assisted reproductive technology.

5. In cases where the requesting party refuses to accept the child, the surrogate party has the right to request the court to compel the requesting party to accept the child.

Article 98. Rights and Obligations of the Party Requesting Surrogacy for Humanitarian Purposes

1. The party requesting surrogacy has the obligation to pay actual expenses to ensure reproductive health care in accordance with the regulations of the Ministry of Health.

2. The rights and obligations of the party requesting surrogacy for humanitarian purposes towards the child arise from the moment the child is born. The mother requesting surrogacy shall enjoy maternity benefits in accordance with the labor law and social insurance law from the time she receives the child until the child reaches six months of age.

3. The party requesting surrogacy may not refuse to accept the child. In cases where the party requesting surrogacy delays in accepting the child or violates their obligations regarding the upbringing and care of the child, they must have the obligation to provide maintenance for the child according to the provisions of this Law and be subject to handling under relevant laws; if causing damage to the surrogate party, they must compensate. If the party requesting surrogacy dies, the child shall inherit according to the provisions of the law concerning the estate of the party requesting surrogacy.

4. Between the child born from surrogacy and other members of the family of the party requesting surrogacy, there are rights and obligations as stipulated by this Law, the Civil Code, and other related laws.

5. In case the surrogate party refuses to hand over the child, the party requesting surrogacy has the right to request the Court to compel the surrogate party to hand over the child.

Article 99. Resolution of Disputes Related to Assisted Reproductive Technology and Humanitarian Surrogacy Childbirth

1. The Court is the competent authority to resolve disputes regarding childbirth through assisted reproductive technology and humanitarian surrogacy.

2. In cases where neither spouse of the party requesting surrogacy has handed over the child and both have died or lost civil capacity, the surrogate party has the right to adopt the child; if the surrogate party does not adopt the child, guardianship and maintenance for the child shall be carried out according to the provisions of this Law and the Civil Code.

Article 100. Handling Violations Regarding Assisted Reproductive Technology and Humanitarian Surrogacy

Parties involved in the relationship of childbirth through assisted reproductive technology and humanitarian surrogacy who violate the conditions, rights, and obligations prescribed by this Law shall be handled according to civil liability, administrative responsibility, or criminal responsibility depending on the nature and degree of violation.

Article 101. Competence to Resolve Matters of Determining Father, Mother, and Child

1. The registration office has the competence to determine father, mother, and child according to the regulations of the household registration law in cases without dispute.

2. The Court has the competence to resolve matters of determining father, mother, and child in cases of dispute or when the person requested to determine is deceased and in the case provided for in Article 92 of this Law.

The Court's decision on determining father, mother, and child must be sent to the registration office to be recorded according to the regulations of the household registration law; the parties involved in the determination of father, mother, and child; individuals, agencies, organizations related according to the regulations of the civil procedure law.

Article 102. Persons with the Right to Request Determination of Father, Mother, and Child

1. Adult fathers, mothers, and children who have not lost their civil capacity have the right to request the registration office to determine their child, father, or mother in cases provided for in Clause 1 of Article 101 of this Law.

2. Fathers, mothers, and children, according to the civil procedure law, have the right to request the Court to determine their child, father, or mother in cases provided for in Clause 2 of Article 101 of this Law.

3. Individuals, agencies, and organizations below, according to the civil procedure law, have the right to request the Court to determine father or mother for minor children or adult children who have lost their civil capacity; determine child for minor or incapacitated parents in cases provided for in Clause 2 of Article 101 of this Law:

a) Fathers, mothers, children, guardians;

b) State management agencies for family affairs;

c) State management agencies for children;

d) Women's Union.

Chapter VI

RELATIONSHIP BETWEEN OTHER MEMBERS OF THE FAMILY

Article 103. Rights and Obligations among Other Members of the Family

1. Family members have the rights and obligations to care for, support, help each other, and respect each other. The lawful rights and interests regarding personal status and property of family members as stipulated in this Law, the Civil Code, and other relevant laws shall be protected by law.

2. In cases where they live together, family members have the obligation to participate in family work, engage in labor to generate income; contribute effort, money, or other assets to maintain the common living standard of the family in accordance with their actual capabilities.

3. The State has policies to create conditions for generations within the family to care for, support, and help each other in order to preserve and promote the fine traditions of the Vietnamese family; encourage individuals and organizations in society to participate in preserving and promoting the fine traditions of the Vietnamese family.

Article 104. Rights and Obligations of Grandfathers, Grandmothers, and Grandchildren

1. Grandfathers and grandmothers have the rights and obligations to look after, care for, educate grandchildren, live exemplary lives, and set good examples for their descendants; in cases where grandchildren are minors, have lost capacity for civil conduct upon reaching adulthood, or are unable to work and do not have assets to sustain themselves without a caregiver as stipulated in Article 105 of this Law, grandfathers and grandmothers have the obligation to raise the grandchildren.

2. Grandchildren have the obligation to respect, care for, and support grandfathers and grandmothers; in cases where grandfathers and grandmothers do not have children to raise them, adult grandchildren have the obligation to raise them.

Article 105. Rights and Obligations of Brothers, Sisters, and Siblings

Brothers, sisters, and siblings have the rights and obligations to love, care for, and help each other; they have the rights and obligations to raise each other in cases where there are no parents or parents are unable to look after, raise, care for, and educate their children.

Article 106. Rights and Obligations of Aunts, Uncles, and Cousins

Aunts, uncles, and cousins have the rights and obligations to love, care for, and help each other; they have the rights and obligations to raise each other in cases where the person needing to be raised does not have a father, mother, child, or those specified in Articles 104 and 105 of this Law, or these people exist but are unable to fulfill the obligation to raise.

Chapter VII

MAINTENANCE

Article 107. Obligation of Maintenance

1. The obligation of maintenance is carried out between parents and children; among brothers, sisters, and siblings; between grandfathers, grandmothers, and grandchildren; between aunts, uncles, and cousins; and between spouses as stipulated in this Law.

The maintenance obligation cannot be replaced by other obligations and cannot be transferred to another person.

2. In cases where the person obligated to raise avoids their obligation, at the request of the individual or organization specified in Article 119 of this Law, the Court orders that person to fulfill the obligation of maintenance as stipulated in this Law.

Article 108. One Person Providing Maintenance to Multiple People

In cases where one person has the obligation to provide maintenance to multiple people, the person providing maintenance and those receiving maintenance agree among themselves on the method and level of maintenance appropriate to the income and actual capability of the person obligated to provide maintenance and the essential needs of those receiving maintenance; if no agreement can be reached, then a request for resolution by the Court may be made.

Article 109. Multiple Persons Providing Maintenance to One Person or Multiple Persons

In cases where multiple persons have the obligation to provide maintenance to one person or multiple persons, these individuals shall agree among themselves on the method and level of contribution that is appropriate to their respective income and actual ability, as well as the essential needs of the person receiving maintenance; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 110. Obligation of Parents to Provide Maintenance for Children

Parents have the obligation to provide maintenance for minor children, and adult children who are unable to work and do not have assets to support themselves, when living separately from the child or living with the child but failing to fulfill the obligation to raise the child.

Article 111. Obligation of Children to Provide Maintenance for Parents

Adult children who do not live with their parents have the obligation to provide maintenance for their parents when the parents are unable to work and do not have assets to support themselves.

Article 112. Obligation of Maintenance Between Brothers, Sisters

When there are no parents or the parents are unable to work and do not have assets to provide maintenance for the child, adult brothers or sisters who do not live with the younger sibling have the obligation to provide maintenance for the younger sibling who is a minor without assets to support themselves or an adult sibling who is unable to work and does not have assets to support themselves; adult siblings who do not live with their older siblings have the obligation to provide maintenance for their older siblings who are unable to work and do not have assets to support themselves.

Article 113. Obligation of Maintenance Between Grandparents and Grandchildren

1. Grandparents who do not live with grandchildren have the obligation to provide maintenance for grandchildren who are minors or adult grandchildren who are unable to work, do not have assets to support themselves, and do not have other persons providing maintenance as stipulated in Article 112 of this Law.

2. Adult grandchildren who do not live with grandparents have the obligation to provide maintenance for grandparents who are unable to work, do not have assets to support themselves, and do not have other persons providing maintenance as stipulated in this Law.

Article 114. Obligation of Maintenance Between Aunts, Uncles, and Nephews/Nieces

1. Aunts, uncles who do not live with nephews/nieces have the obligation to provide maintenance for nephews/nieces who are minors or adult nephews/nieces who are unable to work and do not have assets to support themselves, and do not have other persons providing maintenance as stipulated in this Law.

2. Adult nephews/nieces who do not live with aunts, uncles have the obligation to provide maintenance for aunts, uncles who are unable to work and do not have assets to support themselves, and do not have other persons providing maintenance as stipulated in this Law.

Article 115. Obligation of Maintenance Between Spouses Upon Divorce

Upon divorce, if one party has difficulty and is in need and requests maintenance for a justifiable reason, the other party has the obligation to provide maintenance according to their own ability.

Article 116. Level of Maintenance

1. The level of maintenance is determined by agreement between the person obligated to provide maintenance and the person receiving maintenance or the guardian of that person based on the income and actual ability of the person obligated to provide maintenance and the essential needs of the person receiving maintenance; if an agreement cannot be reached, the matter may be referred to the court for resolution.

2. For valid reasons, the level of maintenance may be changed. The change in the level of maintenance is agreed upon by the parties; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 117. Method of Maintenance Payment

Maintenance may be provided regularly on a monthly, quarterly, semi-annual, annual, or one-time basis.

The parties may agree to change the method of maintenance payment, suspend maintenance payments in cases where the person obligated to pay maintenance falls into economic difficulties and is unable to fulfill their obligation; if they cannot reach an agreement, they may request the court to resolve the matter.

Article 118. Termination of Maintenance Obligation

The obligation to provide maintenance terminates in the following cases:

1. The recipient of maintenance has reached adulthood and has the ability to work or possesses assets to support themselves;

2. The recipient of maintenance has been adopted;

3. The provider of maintenance has directly raised the recipient of maintenance;

4. The provider of maintenance or the recipient of maintenance has died;

5. The party receiving maintenance remarries after divorce;

6. Other cases as prescribed by law.

Article 119. Persons Entitled to Request Enforcement of Maintenance Obligations

1. The recipient of maintenance, the parents, or the guardian of that person, according to the provisions of civil procedure law, have the right to request the court to compel the unwilling party to fulfill their maintenance obligations.

2. Individuals, agencies, or organizations below, according to the provisions of civil procedure law, have the right to request the court to compel the unwilling party to fulfill their maintenance obligations:

a) Close relatives;

b) State management agencies for family affairs;

c) State management agencies for children;

d) Women's Union.

3. Other individuals, agencies, or organizations upon discovering acts of evading maintenance obligations have the right to propose that the agencies and organizations specified in points b, c, and d of Clause 2 of this Article request the court to compel the unwilling party to fulfill their maintenance obligations.

Article 120. Encouragement of Assistance from Organizations and Individuals

The State and society encourage organizations and individuals to provide assistance in the form of money or other property to families or individuals with particularly difficult circumstances.

Chapter VIII

INTERNATIONAL FAMILY RELATIONS

Article 121. Protection of Rights and Interests of Parties in Marriage and Family Relations Involving Foreign Elements

1. In the Socialist Republic of Vietnam, marriage and family relations involving foreign elements are respected and protected in accordance with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

2. In marriage and family relations involving Vietnamese citizens and foreigners residing in Vietnam, the foreigners have the same rights and obligations as Vietnamese citizens, except where Vietnamese law provides otherwise.

3. The Socialist Republic of Vietnam protects the legitimate rights and interests of Vietnamese citizens abroad in marriage and family relations in accordance with Vietnamese law, the laws of the host country, and international law and customs.

4. The Government shall specify detailed regulations on resolving marriage and family relations involving foreign elements to ensure the legitimate rights and interests of the parties and to ensure compliance with the provisions of Clause 2 of Article 5 of this Law.

Article 122. Application of Law to Marriage and Family Relations Involving Foreign Elements

1. The provisions of Vietnamese law on marriage and family apply to marriage and family relations involving foreign elements, except where this Law provides otherwise.

Where an international treaty to which the Socialist Republic of Vietnam is a member provides differently than this Law, the provisions of that international treaty shall be applied.

2. Where this Law, other Vietnamese legal documents refer to the application of foreign law, foreign law shall be applied if such application does not contravene the basic principles stipulated in Article 2 of this Law.

Where foreign law refers back to Vietnamese law, Vietnamese law on marriage and family relations shall be applied.

3. Where an international treaty to which the Socialist Republic of Vietnam is a member refers to the application of foreign law, foreign law shall be applied.

Article 123. Jurisdiction to settle marriage and family cases involving foreign elements

1. The jurisdiction for registering civil status records related to marriage and family relations involving foreign elements shall be carried out in accordance with the provisions of the Civil Status Law.

2. The jurisdiction of courts to settle marriage and family cases involving foreign elements shall be implemented in accordance with the provisions of the Civil Procedure Code.

Article 124. Legalization of consular documents concerning marriage and family

Documents issued, certified, or confirmed by competent authorities of foreign countries for use in settling marriage and family cases must be legalized consularly, except in cases exempted from legalization under international treaties to which the Socialist Republic of Vietnam is a party or on the principle of reciprocity.

Article 125. Recognition and registration of judgments and decisions of foreign courts and competent authorities concerning marriage and family

1. The recognition of foreign court judgments and decisions on marriage and family that require enforcement in Vietnam shall be carried out in accordance with the provisions of the Civil Procedure Code.

2. The Government shall stipulate the registration in civil status books of matters concerning marriage and family according to foreign court judgments and decisions without a request for enforcement in Vietnam or a request for non-recognition in Vietnam; decisions on marriage and family made by other competent authorities of foreign countries.

Article 126. Marriage involving foreign elements

1. In the case of marriage between a Vietnamese citizen and a foreigner, each party must comply with their own country’s laws on marriage conditions; if the marriage is conducted at a competent Vietnamese authority, the foreigner must also comply with the provisions of this Law on marriage conditions.

2. Marriages between foreigners permanently residing in Vietnam at Vietnamese competent authorities must comply with the provisions of this Law on marriage conditions.

Article 127. Divorce involving foreign elements

1. Divorces between Vietnamese citizens and foreigners, and between foreigners permanently residing in Vietnam shall be settled at Vietnamese competent authorities in accordance with this Law.

2. If one party is a Vietnamese citizen not permanently residing in Vietnam at the time of the divorce request, the divorce shall be settled according to the law of the common place of residence of the spouses; if they do not have a common place of residence, it shall be settled according to Vietnamese law.

3. The resolution of immovable property located abroad during divorce shall comply with the laws of the country where such immovable property is situated.

Article 128. Determination of parentage involving foreign elements

1. Vietnamese civil status registration authorities shall have jurisdiction to resolve the determination of parentage without dispute between Vietnamese citizens and foreigners, between Vietnamese citizens themselves with at least one party residing abroad, and between foreigners themselves with at least one party permanently residing in Vietnam, in accordance with the provisions of the Civil Status Law.

2. Vietnamese courts with jurisdiction shall resolve the determination of parentage involving foreign elements in cases specified in Clause 2 of Article 88, Articles 89, 90, Clause 1 and Clause 5 of Article 97, Clause 3 and Clause 5 of Article 98, and Article 99 of this Law; other disputed cases.

Article 129. Maintenance Obligations with Foreign Elements

1. Maintenance obligations shall be governed by the law of the country where the person seeking maintenance resides. In cases where the person seeking maintenance does not reside in Vietnam, the law of the country of which the person seeking maintenance is a citizen shall apply.

2. The competent authority to resolve the application for maintenance by the person referred to in Clause 1 of this Article is the authority of the country where the person seeking maintenance resides.

Article 130. Application of Spousal Property Regime by Agreement; Resolution of Consequences of Cohabitation as Husband and Wife without Registration of Marriage with Foreign Elements

In cases where there is a request to resolve the application of the spousal property regime by agreement; the relationship between male and female cohabiting as husband and wife without registration of marriage with foreign elements, the competent authority of Vietnam shall apply the provisions of this Law and other relevant laws of Vietnam to resolve the matter.

Chapter IX

IMPLEMENTING PROVISIONS

Article 131. Transitional Provisions

1. Marital and family relationships established before the effective date of this Law shall be governed by the applicable law on marriage and family at the time of establishment for resolution.

2. For marital and family cases accepted by the Court before the effective date of this Law but not yet resolved, the procedures provided for in this Law shall apply.

3. This Law shall not be applied to lodge a supervisory review or retrial protest against cases that have been resolved according to the law on marriage and family before the effective date of this Law.

Article 132. Effective Date

This Law shall take effect from January 1, 2015.

The Marriage and Family Law No. 22/2000/QH10 shall cease to be effective from the date this Law takes effect.

Article 133. Detailed Provisions and Guidance on Implementation

The Government shall provide detailed regulations for the Articles and Clauses assigned in this Law.

The Supreme People's Court shall lead and coordinate with the Supreme People's Procuracy and the Ministry of Justice to provide guidance on the implementation of the provisions assigned in this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 13th term, seventh session, on June 19, 2014./.