Chương II Nghị định 126/2014/NĐ-CP hướng dẫn thi hành Luật Hôn nhân và gia đình: Chế độ tài sản của vợ chồng

Chapter II

MATRIMONIAL PROPERTY REGIME

Section 1. GENERAL PROVISIONS

Article 7. Application of the statutory matrimonial property regime

The statutory matrimonial property regime must apply when husband and wife do not choose to apply a matrimonial property regime as agreed or their agreement on the matrimonial property regime is declared invalid by a court in accordance with Article 50 of the Law on Marriage and Family.

Article 8. Third parties not acting in good faith when establishing and making transactions with a spouse related to bank account, securities account and other movable assets for which ownership registration is not required by law

A third party that establishes and makes transactions with a spouse related to bank account, securities account or other movable assets for which ownership registration is not required by law shall be regarded as not acting in good faith in the following cases:

1. He/she/it has been provided with information by a spouse in accordance with Article 16 of this Decree but still establishes and makes transactions against such information.

2. The husband and wife have made public in accordance with relevant laws their agreement on possession, use and disposition of property and a third party has known or must know this agreement but still establishes and makes transactions against such agreement.

Section 2. STATUTORY MATRIMONIAL PROPERTY REGIME

Article 9. Other lawful incomes of husband and wife in the marriage period

1. Bonuses, lottery prizes and allowances, except the case prescribed in Clause 3, Article 11 of this Decree.

2. Property a spouse has the right to establish ownership in accordance with the Civil Code for objects which are ownerless, buried, hidden, sunk, dropped on the ground or left over out of inadvertence, stray cattle or poultry and raised aquatic animals.

3. Other lawful incomes as prescribed by law.

Article 10. Yields and profits from separate property of husband and wife

1. Yields from separate property of a spouse means natural produces he/she gains from his/her separate property.

2. Profits from separate property of a spouse means the profits he/she earns from the exploitation of his/her separate property.

Article 11. Other separate property of husband and wife prescribed by law

1. The economic right to intellectual property objects as prescribed by the law on intellectual property.

2. Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent agency.

3. Allowance or incentives receivable by a spouse as prescribed by the law on preferential treatment toward persons with meritorious services to the revolution; other property rights associated with the personal identification of a spouse.

Article 12. Registration of common property of husband and wife

1. Common property of husband and wife subject to registration under Article 34 of the Law on Marriage and Family includes land use rights and other property for which use or ownership registration is required by law.

2. For common property of husband and wife which has been registered under the name of a spouse, the other spouse is entitled to request a competent agency to grant a new certificate of ownership or land use rights in which both spouses are named.

3. In case common property is divided in the marriage period and both spouses are named in the certificate of ownership or land use rights, the spouse who receives the divided property in kind is entitled to request the property registration agency to re-grant a certificate of ownership or land use rights on the basis of the spouses’ written agreement or the court decision on division of common property.

Article 13. Possession, use and disposition of common property of husband and wife

1. The possession, use and disposition of common property shall be agreed by husband and wife. In case a spouse establishes and makes transactions related to common property to meet the family’s essential needs, such shall be regarded as having been agreed by the other spouse, except the case prescribed in Clause 2, Article 35 of the Law on Marriage and Family.

2. When a spouse disposes of common property in violation of Clause 2, Article 35 of the Law on Marriage and Family, the other spouse may request a court to declare such transaction invalid and settle legal consequences of the invalid transaction.

Article 14. Consequences of division of common property in the marriage period

1. The division of common property in the marriage period shall not lead to termination of the statutory matrimonial property regime.

2. From the time the division of common property takes effect, the divided property and yields and profits from such property and yields and profits from other separate property of a spouse must be the separate property of that spouse, unless otherwise agreed by husband and wife.

3. From the time the division of common property takes effect, property gained from the exploitation of separate property of a spouse which cannot be determined as income from labor or production and business activities of a spouse or as yields or profits from such separate property must be under the joint ownership of husband and wife.

Section 3. AGREED MATRIMONIAL PROPERTY REGIME

Article 15. Determination of property of husband and wife under agreement

1. When choosing to apply the agreed matrimonial property regime, husband and wife may reach agreement on determination of property as follows:

a/ Matrimonial property includes common property and separate property of husband and wife;

b/ Husband and wife have no separate property and all property a spouse has before marriage or during the marriage period is common property;

c/ Husband and wife have no common property and all property a spouse has before marriage and during the marriage period is separate property of that spouse; or

d/ Property is determined as otherwise agreed by husband and wife.

2. The agreement on matrimonial property must comply with Articles 29, 30, 31 and 32 of the Law on Marriage and Family. If such agreement violates those provisions, persons with related rights and interests may request a court to declare it invalid in accordance with Article 50 of the Law on Marriage and Family.

Article 16. Provision of information on the agreed matrimonial property regime in transactions with third parties

In case of applying the agreed matrimonial property regime, when establishing and making a transaction, a spouse shall provide a third party with relevant information. If a spouse fails to perform this obligation, the third party shall be regarded as acting in good faith and have his/her/its interests protected in accordance with the Civil Code.

Article 17. Modification and supplementation of contents of the matrimonial property regime

1. In case of applying the agreed matrimonial property regime, during the marriage period, husband and wife may reach agreement to modify and supplement some or all contents of that property regime or apply the statutory matrimonial property regime.

2. The agreement modifying and supplementing the matrimonial property regime shall be notarized or certified in accordance with law.

Article 18. Consequences of modification and supplementation of contents of the matrimonial property regime

1. The agreement modifying and supplementing contents of the matrimonial property regime shall take effect on the date it is notarized or certified. A spouse shall provide a third party with relevant information in accordance with Article 16 of this Decree.

2. Property rights and obligations arising before the time of modifying and supplementing the matrimonial property regime must remain legally valid, unless otherwise agreed by involved parties.