In what cases is division of common property during marriage invalid in Vietnam?

What assets are determined to be common property of husband and wife in Vietnam?

Pursuant to Article 33 of the Law on Marriage and Family 2014, which stipulates the common property of husband and wife:

Common property of husband and wife

1. Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

2. Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.

3. When exists no ground to prove that a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.

According to this Article, the assets identified as common property of husband and wife include:

- Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period. Except for yields and income arising from each party's separate property after dividing common property.

- Property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

- Land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

- Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.

- Property is in dispute without any basis to prove separate property.

In what cases is division of common property during marriage invalid in Vietnam? (Image from the Internet)

In what cases is division of common property during marriage invalid in Vietnam?

Pursuant to Article 42 of the Law on Marriage and Family 2014, common property division during the marriage period shall be invalidated when:

1. It seriously harms the family’s interests; or lawful rights and interests of minor children or adult children who have lost their civil act capacity or have no working capacity and no property to support themselves;

2. It aims to shirk the following obligations:

a/ Raising and support obligations;

b/ Damages payment obligations;

c/ Payment obligations when declared bankrupt by a court;

d/ Debt payment obligations;

dd/ Tax payment obligations or other financial obligations toward the State;

e/ Other property obligations as prescribed by this Law, the Civil Code and other relevant laws.

What are regulations on common property obligations of husband and wife?

Pursuant to the provisions of Article 37 of the Law on Marriage and Family 2014, it stipulates the common property obligations of husband and wife as follows:

Common property obligations of husband and wife

Husband and wife have the following common property obligations:

1. Obligations arising from transactions established under their agreement, obligations to pay damages under their joint liability as prescribed by law;

2. Obligations performed by a spouse in order to meet the family’s essential needs;

3. Obligations arising from the possession, use and disposition of common property;

4. Obligations arising from the use of separate property for maintaining and developing common property or for generating major incomes for the family;

5. Obligations to pay damages caused by their children as prescribed by the Civil Code;

6. Other obligations as prescribed by relevant laws.

Thus, husband and wife have the following common property obligations:

- Obligations arising from transactions established under their agreement, obligations to pay damages under their joint liability as prescribed by law;

- Obligations performed by a spouse in order to meet the family’s essential needs;

- Obligations arising from the possession, use and disposition of common property;

- Obligations arising from the use of separate property for maintaining and developing common property or for generating major incomes for the family;

- Obligations to pay damages caused by their children as prescribed by the Civil Code;

- Other obligations as prescribed by relevant laws.

Best regards!