What are common property of husband and wife? What are factors considered in dividing common property of husband and wife upon divorce in Vietnam?

What is common property of husband and wife under the law in Vietnam?

Based on Article 33 of the Law on Marriage and Family 2014, common property of husband and wife includes:

Article 33. Common property of husband and wife

1. Common property of husband and wife comprise property created by either spouse, income generated from labor, production, business activities, yields, and profits arising from separate assets, and other sources of lawful income during the marriage period, except for cases specified in Clause 1, Article 40 of this Law; assets jointly inherited or gifted by both spouses, and other properties agreed by the spouses to be common assets.

The land use rights acquired by either spouse after marriage are considered common property of husband and wife, except where the spouse inherits, is gifted separately, or acquires it through transactions using separate property.

2. Common property of husband and wife are in unified ownership and are used to ensure family needs and to fulfill the common obligations of the spouses.

3. In case there is no evidence to prove that the property in dispute between the spouses is separate property, such property shall be considered common property.

According to the above provisions, common property of husband and wife includes:

- Property created by either spouse

- Income from labor, production, business activities

- Yields and profits arising from separate assets

- Other lawful income acquired during the marriage

- Assets jointly inherited or gifted to both spouses and other properties agreed by the spouses to be common assets.

Note: In the case of dividing common property of husband and wife, the share and yields, profits arising from the separate property of each party after the division of common assets are considered the separate property of the husband or wife, unless agreed otherwise by the spouses. The remaining undivided assets continue to be common property of husband and wife. (According to Clause 1, Article 40 of the Law on Marriage and Family 2014)

What are common property of husband and wife? What are factors considered in dividing common property of husband and wife upon divorce in Vietnam? (Internet image)

What are factors considered in dividing common property of husband and wife upon divorce in Vietnam?

Based on Article 59 of the Law on Marriage and Family 2014, which stipulates the principles of settlement of property of husband and wife upon divorce in Vietnam:

Article 59. Principles of settlement of property of husband and wife upon divorce

1. In cases where the division of marital assets is regulated by law, property resolution is based on mutual agreement; if no agreement is reached, upon request by either or both spouses, the Court shall resolve according to Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law.

In cases where the division of marital assets is based on agreement, the resolution of assets upon divorce follows such agreement; if the agreement is not comprehensive or clear, the corresponding provisions of Clauses 2, 3, 4, and 5 of this Article and Articles 60, 61, 62, 63, and 64 of this Law apply.

2. Common property shall be divided into two, taking into account the following factors:

a) Family circumstances of the spouses;

b) Contributions of each spouse to the creation, maintenance, and development of the common property. The labor of the spouses in the family is regarded as work contributing to income;

c) Protection of each party’s legitimate interests in production, business, and career so that they have conditions to continue generating income;

d) Faults of each party in violating the rights and obligations of the spouses.

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Thus, when divorcing, the common property of husband and wife are divided based on the agreement of the parties. common property of husband and wife are divided equally but taking into consideration the following factors:

- Family circumstances of the spouses

- Contributions of each spouse to the creation, maintenance, and development of the common property. Work of the spouses in the family is regarded as work contributing to income

- Protection of each party’s legitimate interests in production, business, and career to ensure the capability of continued income generation

- Faults of each party in violating the rights and obligations of the spouses

What acts are prohibited to protect the marriage and family regime in Vietnam?

Based on Article 5 of the Law on Marriage and Family 2014 stipulating prohibited acts to protect the marriage and family regime in Vietnam:

- Fake marriage or fake divorce

- Child marriage, forced marriage, fraudulent marriage, obstruction of marriage

- A person who is already married marrying or living as husband and wife with another person or a person who is not married marrying or living as husband and wife with someone already married

- Marriage or living as husband and wife between people in direct blood lineage; between relatives within three generations; between adoptive parents and adopted children; between persons who were previously adoptive parents and adopted children, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and stepchild of the wife, stepmother and stepchild of the husband

- Demanding property in marriage

- Forcing divorce, fraudulent divorce, obstructing divorce

- Conducting childbearing with reproductive technology for commercial purposes, commercial surrogacy, gender selection of fetuses, asexual reproduction

- Domestic violence

- Abusing marital and family rights to engage in human trafficking, labor exploitation, sexual abuse, or other acts for profiteering purposes