Vietnam: Is it required to divide property upon divorce against property gifted on wedding day?
Given the property by the parents of both parties on the wedding day, can it be divided after the divorce in Vietnam?
Pursuant to Article 59 of the Vietnam Law on Marriage and Family 2014, it provides as follows:
Article 59. Principles of settlement of property of husband and wife upon divorce
1. The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Vietnam Law.
In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Vietnam Law.
2. Common property shall be divided into two, taking into account the following factors:
a/ Circumstances of the family, husband and wife;
b/ Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;
c/ Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;
d/ Each spouse’s faults in the infringement of spousal rights and obligations.
3. Common property of husband and wife shall be divided in kind, if impossible to be divided in kind, common property shall be divided based on its value. The partner who receives the property in kind with a value bigger than the portion he/she is entitled to receive shall pay the value difference to the other.
4. Separate property of a spouse shall be under his/her ownership, except for separate property already merged into common property in accordance with this Vietnam Law.
A spouse who requests division of separate property which has been merged into or mixed with common property shall be paid for the value of his/her property contributed to common property, unless otherwise agreed by husband and wife.
5. The Vietnam Lawful rights and interests of the wife, minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves shall be protected.
6. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in, guiding this Article.
Accordingly, the property regime of the spouses after divorce will be agreed upon by the parties, if the agreement with each other is not possible, the Court will settle.
For the common property of the spouses will be divided in half, but taking into account factors such as the circumstances of the parties, the contribution efforts, the fault of each party when violating the rights and obligations of the spouses.
As for the private property of the spouses, the property of any person is owned by that person, unless such private property has been merged into the common property of the spouses.
Thus, when the parties have grounds to prove that the property donated on the wedding day is common property, they have the right to request a division of the property after the divorce.
If there are grounds to prove that the property given on the wedding day is the private property of a party, there is no need to ask for a division of the property because this is a property under private ownership.
Vietnam: Is it required to divide property upon divorce against property gifted on wedding day?
How are the upbringing and education of children after divorce regulated in Vietnam?
Pursuant to Article 81 of the 2014 Vietnam Law on Marriage and Family, it provides as follows:
Article 81. Looking after, care for, raising and education of children after divorce
1. After a divorce, parents still have rights and obligations to look after, care for, raise and educate minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves in accordance with this Vietnam Law, the Civil Code and other relevant Vietnam Laws.
2. Husband and wife shall reach agreement on the person who directly raises their children and on his and her obligations and rights toward their children after divorce. If they fail to reach agreement, the court shall appoint either of them to directly raise the children, taking into account the children’s benefits in all aspects. If a child is full 7 years or older, his/ her desire shall be considered.
3. A child under 36 months of age shall be directly raised by the mother, unless the mother cannot afford to directly look after, care for, raise and educate the child or otherwise agreed by the parents in the interests of the child.
Accordingly, when the child is 7 years of age or older, considering the child's wishes, the Court decides who is entitled to custody of the child after the divorce.
If the child is under 36 months old, it must be entrusted to the mother to directly nurture and care for her, unless the mother is not eligible for direct custody of the child or the parents agree otherwise.
What obligations must spouses have to each other in Vietnam?
Pursuant to Article 19 of the Vietnam Law on Marriage and Family 2014, it provides as follows:
Article 19. Husband and wife attachment
1. Husband and wife have the obligations to love, be faithful to, respect, attend to, care for, and help each other and share family work.
2. Unless otherwise agreed by them or due to requirements of their occupations, work or study, or participation in political, economic, cultural or social activities or for another plausible reason, husband and wife have the obligation to live together.
Thus, husband and wife must have the obligation to love, be faithful, respect, care, care for and help each other; share and perform household chores and live together (unless otherwise agreed or due to professional, work, study, political, economic and social activities).
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