The Government has issued Decree 126/2014/ND-CP detailing a number of articles and measures to implement the Law on Marriage and Family. In particular, the Decree amending and supplementing a number of new regulations on property regime of the spouses.
(According to: http://baodientu.chinhphu.vn)
Marriage and Family Law in 2014 has many new features compared to the Law on Marriage and Family in 2000, which has new mode of conjugal property. Specifically, the Law on Marriage and Family 2014 additional provisions on general principles apply the assets of the couple in which the husband and wife have the option to apply the statutory assets or processing the property under the agreement.
Detailed provisions of this content, Decree 126/2014 / ND-CP complement some specific provisions on property regime of spouses and statutory property regime under the agreement.
On the mode of conjugal assets by law, decree other private property of the spouse under the provisions of the law include: 1. Property rights to the intellectual property provisions intellectual property law; 2. Assets that spousal private ownership under the judgments and decisions of courts or other competent authority; 3. allowance, incentives that spouses are recognized under the provisions of the law on incentives have contributed to the revolution; other property rights associated with the identity of the spouse.
Other lawful income of the spouses during the marriage are: 1. bonus, cash lottery prizes, grants (excluding subsidies and incentives that spouse received in provisions deals with the laws of the revolution; and other property rights associated with the identity of the spouse); 2. Assets that spousal property rights established under the provisions of the Civil Code for abandoned objects, objects buried or sunken, objects being dropped, forgotten, livestock and lost bird, animal under water; 3. Income lawfully prescribed by law.
Regulations on the common property registration
Decree stipulates that the registration of the common property of the spouses. Accordingly, the common property of the spouses must be registered under the provisions of Article 34 of the Law on Marriage and family, including land use rights, or other assets which by law must register use rights, property rights organic.
For the common property of the couple is registered and the name of a spouse, the spouse may request the competent authority certificate changed ownership, land use rights to the name of both husband and wife.
In the case of common property is divided during the marriage certificate of title, certificate of land use names of both spouses, the party is divided assets in kind has the right to request the property registry reissued certificate of ownership, certificates of land use rights on the basis of the written agreement of the spouses or the decision of the court of common property division.
The decree also specified on the possession, use and disposition of the common property. Specifically, the possession, use and disposition of such property by the husband and wife agreed. In the case of spouses established, the transaction related to the common property to meet the basic needs of the family shall be considered to have the consent of the other party, except as provided for in paragraph 2 of Article 35 of the Law on Marriage and family.
In the case of a spouse to dispose of the common property violates the provisions of Clause 2, Article 35 of the Law on Marriage and Family, the other party may request the Court declared invalid transactions and resolve the legal consequences of invalid transaction.
Mode property of the husband and wife agreed
On the mode of conjugal assets by agreement, decree stating, case selection regime couple's assets under the agreement, the couple can agree on property identified by one of the local Description: 1-assets between spouses including common property and separate property of the spouse; 2. Between husband and wife own property without the husband and wife that all assets by the husband and wife have been married before or during the marriage are common property; 3. Between husband and wife do not have the common property that all assets by the husband and wife have been married before and during marriage are under ownership of the assets that have been; 4. Determination by agreement of the other spouse.