Chương VIII Luật Hôn nhân và gia đình 2014: Quan hệ Hôn nhân và gia đình có yếu tố nước ngoài

Chapter VIII

MARRIAGE AND FAMILY RELATIONS INVOLVING FOREIGN ELEMENTS

Article 121. Protection of lawful rights and interests of parties to marriage and family relations involving foreign elements

1. In the Socialist Republic of Vietnam, marriage and family relations involving foreign elements shall be respected and protected in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. In their marriage and family relations with Vietnamese citizens, unless otherwise provided by Vietnamese law, foreigners in Vietnam have the same rights and obligations like Vietnamese citizens.

3. The Socialist Republic of Vietnam State shall protect lawful rights and interests of Vietnamese citizens abroad in their marriage and family relations in accordance with Vietnamese law, the host country’s law and international laws and practices.

4. The Government shall detail the settlement of marriage and family relations involving foreign elements in order to protect lawful rights and interests of the parties and guarantee the implementation of Clause 2, Article 5 of this Law.

Article 122. Application of laws to marriage and family relations involving foreign elements

1. Unless otherwise provided by this Law, the legal provisions of the Socialist Republic of Vietnam concerning marriage and family are applicable to marriage and family relations involving foreign elements.

In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty prevail.

2. In case this Law and other legal documents of Vietnam refer to the application of a foreign law, such foreign law shall apply, provided such application does not contravene the fundamental principles laid down in Article 2 of this Law.

In case a foreign law refers back to the Vietnamese law, Vietnam’s marriage and family law shall apply.

3. In case a treaty to which the Socialist Republic of Vietnam is a contracting party refers to the application of a foreign law, such foreign law shall apply.

Article 123. Competence to settle cases and matters of marriage and family involving foreign elements

1. The competence to register civil status related to marriage and family relations involving foreign elements must comply with the law on civil status.

2. The competence to settle cases and matters of marriage and family involving foreign elements at court must comply with the Civil Procedure Code.

3. District-level People’s Courts of localities where Vietnamese citizens reside are competent to cancel illegal marriages, settle divorce cases, disputes over the rights and obligations of husband and wife, parents and children, recognition of parents, children, child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws.

Article 124. Consular legalization of papers and documents on marriage and family

Papers established, granted or certified by competent foreign agencies for use in the settlement of cases and matters of marriage and family shall be consularly legalized, except cases eligible for exemption from consular legalization under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity.

Article 125. Recognition and writing of judgments and decisions of foreign courts and competent foreign agencies on marriage and family

1. The recognition of judgments and decisions on marriage and family of foreign courts with request for enforcement in Vietnam must comply with the Civil Procedure Code.

2. The Government shall prescribe the writing in civil status registers of matters of marriage and family according to judgments and decisions of foreign courts without request for enforcement in Vietnam or without request for non-recognition in Vietnam; and decisions on marriage and family of other competent foreign agencies.

Article 126. Marriage involving foreign elements

1. For marriages between Vietnamese citizens and foreigners, each party shall comply with his/her country’s law on marriage conditions; if their marriage is conducted at a competent Vietnamese state agency, the foreigner shall also comply with this Law’s provisions on marriage conditions.

2. Marriages between foreigners permanently residing in Vietnam at competent Vietnamese agencies must comply with this Law’s provisions on marriage conditions.

Article 127. Divorce involving foreign elements

1. Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.

2. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.

3. The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country where such immovables are located.

Article 128. Identification of parents and children involving foreign elements

1. Vietnamese civil status registration agencies are competent to settle the identification of parents and children without any disputes between Vietnamese citizens and foreigners or between Vietnamese citizens at least one of whom settles abroad, or between foreigners at least of one of whom permanently resides in Vietnam in accordance with the law on civil status.

2. Competent Vietnamese courts shall settle the identification of parents and children involving foreign elements in the cases prescribed in Clause 2 of Article 88, Articles 89, Article 90, Clauses 1 and 5 of Article 97, Clauses 3 and 5 of Article 98, and Article 99 of this Law; and other cases involving disputes.

Article 129. Support obligation involving foreign elements

1. The support obligation must comply with the law of the country where the requester for support resides. In case the requester for support has no place of residence in Vietnam, the law of the country of his/her citizenship shall apply.

2. Agencies competent to settle written requests for support of the persons prescribed in Clause 1 of this Article are agencies of the country of residence of the requester. '

Article 130. Application of the agreed matrimonial property regime; settlement of consequences of the co-living of men and women as husband and wife without marriage registration involving foreign elements

In case of receiving requests for settlement of the application of the agreed matrimonial property regime; or relations of men and women co-living as husband and wife without marriage registration involving foreign elements, competent Vietnamese agencies shall apply the provisions of this Law and other relevant Vietnamese laws to settle these requests.