Vietnam’s Marital Property System And The Method Of Reference To China

Marital property system in the legislation of China and Vietnam, has long followed rules. Such as China’s “marriage law” enacted in 1950 and Vietnam’s “marriage law” in 1959. With the development of global economy and the strengthening of communication between the two nations, more and more transnational marriages appear. So it’s necessary to understand the marital property system of two countries. Analysing the marital property system of the two not only can have strong practical meaning, but also can strengthen the friendship between two nations, setting up a film foundation on the friendly development between China and Vietnam.China’s marital property system includes husband and wife legal property system and agreed property system of husband and wife and husband and wife legal property system is divided into husband and wife common property system and the system of private property of husband and wife. The scope of China’s property of husband and wife common property for thesalary; bonus; Production and management of income; the benefits of intellectual property rights; Inheritance or donation of the proceeds of the property, as well as other shall return all of its assets. Husband and wife personal property including the belongings before marriage; One part hurt body for medical treatment,living expenses for the disabled; A will only belong to the husband or wife or a gift contract in the property of the party; Wills or grant contracts defined clearly that a spouse property and special articles for daily use, meanwhile, the relevant laws regulated that the system of couple’s agreed property has the priority to the effectiveness of the legal property of husband and wife. Comparing with the Vietnam’s,China’s marital property system has the following features: The clear regulation system of couple’s agreed property; The common property between husband and wife of a wide range; Widen range of one special property of husband and wife; The relationship duration specified division of common property.Comparing with China’s marital property system,marital property system of Vietnam has the following flaws : The lack of marital property system; The delineation of the scope of the joint property between husband and wife is not reasonable, for example, marital property should include intellectual properties; Marital property division is not perfect; When husband or wife’s declaration of death is withdrawn, property management regulations is unknown; Rangeof properties of husband or wife are not reasonable.Combined with views of scholars both at home and abroad,and considered comprehensive china’s relevant marital property system, the author put forward the perfect suggestions to marital property system : Set up the marital property agreement system specification; improve and perfect the system of common property of husband and wife. And put intellectual property rights of property income into the scope of the common property of husband and wife; Establish a husband or wife withdrawn after death property recovery system; Improve the common property of husband and wife after segmentation: the obligations of the parties a clear personal property income during the marriage; Improve and perfect a surviving spouse property system.