A real-life situation: A French engineer and his Vietnamese girlfriend have lived together in Ho Chi Minh City for four years. They pooled money to buy an apartment, but the pink book names only one of them. When the relationship ends, the titled partner claims the apartment is solely theirs. The other partner is left wondering: does four years of living together count for anything under Vietnamese law, and how can the money contributed be recovered?
No registration means no marital relationship
This is the point to grasp first. Under Article 9 of the 2014 Law on Marriage and Family, a marriage must be registered with the competent state authority; an unregistered marriage has no legal validity. In other words, no matter how long the couple has lived together or whether they held a traditional wedding ceremony, the law does not treat them as husband and wife without a marriage registration certificate.
Article 14 of the same law states it plainly: a man and woman who live together as husband and wife without registering their marriage do not give rise to spousal rights and obligations. The practical consequences are concrete: no marital community-property regime, no inheritance rights as a spouse if one partner dies, and no right to sponsor each other’s residence as spouses.
Dividing property after separation: agreement first, civil law second
Many people assume that assets built up during cohabitation will be split equally like marital property. That is not the case. Article 16 of the 2014 Law on Marriage and Family provides that property relations between unregistered cohabiting partners are settled first according to their agreement; absent an agreement, the Civil Code and related laws apply.
In practice, this means whoever can prove their contribution is protected to that extent. In the opening scenario, the untitled partner needs bank transfer records, a written co-investment agreement, or equivalent documents. One humane touch of the law: when settling property, housework and work maintaining the shared household count as income-generating labor, and the settlement must safeguard the lawful rights and interests of women and children.
Children born to the couple remain fully protected
The law draws a sharp line between the parents’ relationship and the child’s rights. Article 15 of the 2014 Law on Marriage and Family provides that parental rights and obligations where the parents cohabit without registration are handled exactly like ordinary parent-child relations. A child born to the couple is registered at birth normally, may take the father’s or mother’s surname as agreed, and both parents owe the child duties of care, upbringing, and education.
If the parents separate, custody and child support follow the same principles as in a divorce, with the child’s best interests as the priority. The non-custodial parent must still pay support until the child reaches adulthood.
Inheritance: a cohabiting partner is not a spouse
This is the gap many couples never anticipate. Because the relationship is not recognized as marriage, the surviving partner has no statutory inheritance rights as a spouse when the other dies. The only reliable way to leave assets to each other is a valid will. Without one, the deceased’s estate passes to their statutory heirs — and a long-term partner is not on that list.
How to protect yourself if you choose unregistered cohabitation
The law does not prohibit cohabitation, but those who choose it should protect themselves in writing: sign an agreement recording each side’s capital contribution when buying major assets; register both names on certificates when buying houses or land; keep transfer receipts; and make wills if you want to leave property to each other. These documents are the substitute “marriage contract” that civil law will rely on if a dispute arises.
Legal basis
- Article 9, 2014 Law on Marriage and Family — Marriage must be registered; unregistered marriage has no legal validity.
- Article 14, 2014 Law on Marriage and Family — Unregistered cohabitation gives rise to no spousal rights or obligations.
- Articles 15 and 16, 2014 Law on Marriage and Family — Children’s rights are fully protected; property is settled by agreement, or under the Civil Code absent agreement.
- 2015 Civil Code — Settles property, contract, and inheritance disputes between the parties.
Key takeaways
- A traditional wedding ceremony never substitutes for marriage registration.
- Property bought during cohabitation is not automatically joint — whoever proves contribution is protected.
- A will is mandatory if you want your partner to inherit from you.
- Children are always fully protected by law, regardless of their parents’ marital status.
Frequently asked questions
1. Does living together for ten years make us husband and wife?
No. Current Vietnamese law does not recognize common-law marriage based on the length of cohabitation. Only registration with the competent authority creates a marital relationship, however long the couple has lived together or whether they held a ceremony.
2. We bought an apartment together but only one name is on the pink book — how is it divided?
By agreement between the two sides; failing that, under the Civil Code. The untitled partner must prove their contribution with transfer records, a co-investment agreement, or equivalent documents. Housework and household maintenance also count as income-generating labor.
3. How is a child registered when the parents never registered their marriage?
The child is registered normally at the commune-level People’s Committee and may take either parent’s surname as agreed. Both parents owe the child full duties of upbringing and care, exactly as children born within a registered marriage.
FLAT Law Firm advises Vietnamese–foreign couples on property agreements during cohabitation, foreign-related marriage registration, and wills to protect a life partner. Contact us for guidance tailored to your circumstances.
This article has been quality-reviewed by the FLAW AI Legal Council
