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Author	Mrs Nguyen Ngoc Hoa Dang
Organisation/Institution	University of Economics and Law, VNU-HCM, Vietnam
Country	VIETNAM
Panel	Family Law
Title	A Legal Mechanism for Protecting the Property Rights of Unregistered Cohabiting Couples: Insights from French Law and Recommendations for Vietnam
Abstract	In recent years, the trend of couples choosing to cohabit without formal marriage registration has become increasingly prevalent in Vietnam, driven by profound shifts in family values, lifestyles, and notions of personal autonomy. However, the current Vietnamese legal framework—particularly Articles 14 to 16 of the 2014 Law on Marriage and Family—remains limited to addressing the consequences of such cohabitation and has yet to establish a coherent and effective legal mechanism for protecting the property rights of unregistered cohabiting partners. France is among the pioneering jurisdictions in developing mechanisms governing non-marital cohabitation. Its two principal models—concubinage (de facto cohabitation) and the Pacte civil de solidarité (PACS, a registered civil partnership)—illustrate a multi-layered regulatory approach that both respects the voluntariness and flexibility of couples while providing reasonable property protections. These include the recognition of non-financial contributions, the option to select a property regime, structured rules for property division upon dissolution, and mutual support obligations. Through legal analysis and comparative examination, the paper proposes several recommendations aimed at improving Vietnam’s legal framework in this area and enhancing the protection of property rights for unregistered cohabiting couples.
Biography	I am currently a doctoral researcher at the University of Economics and Law, Vietnam National University Ho Chi Minh City, where I focus on human rights law and family law. I hold a Master of Laws degree and am presently working at Ho Chi Minh City University of Education. I have been involved in academic research, undergraduate teaching and the development of legal scholarship, with particular emphasis on the protection of human rights in marital and family relationships. My main research areas include the protection of human rights within contemporary legal frameworks, the regulatory mechanisms governing marriage and family relations, and, in particular, the legal status and property consequences of couples living together as husband and wife without marriage registration in Vietnam. I have participated in numerous research projects and academic conferences on Vietnamese civil law and Vietnamese marriage and family law.