What is settlement of property given on the wedding day of husband and wife upon divorce in Vietnam?

What is settlement of property given on the wedding day of husband and wife upon divorce in Vietnam?

Pursuant to Article 59 of the Law on Marriage and Family 2014 stipulates principles of settlement of property of husband and wife upon divorce as follows:

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 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 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 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 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.

According to this Article, the husband and wife's separate property belongs to that person, the husband and wife's common property will be divided based on the agreement between the husband and wife, in case no agreement can be reached, the property will be divided in half according to the agreement between the husband's and wife's property contributed to common property. The division of common property of husband and wife does not depend on how the other side has slandered the other's family, but mainly depends on the agreement of the two parties and the level of contribution of each person in the marriage in Vietnam. 

In case the property given on the wedding day is given to the spouse separately, the property is separate property and will belong to the giver without any division in Vietnam.

If spouses divorce, who has right to raise their children in Vietnam?

Pursuant to Article 81 of the 2014 Law on Marriage and Family, looking after, care for, raising and education of children after divorce are regulated as follows:

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 Law, the Civil Code and other relevant 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.

According to this Article, the person who directly raises the child after the divorce is determined based on the agreement of the parents, in case no agreement is reached, the child custodian will be decided by the Court, in addition, the child's wishes must be considered (in case the child is 7 years old or older), in case the child is under 36 months old, it will be handed over to the mother to take care of, unless the mother is not eligible to directly look after, care for, raise and educate the child in Vietnam. 

In case the wife slanders her husband's family, depending on the extent, if there are enough grounds to determine that the mother is not qualified to directly look after, care for, raise and educate the child, the right of custody may belong to the husband's family in Vietnam. 

What is division of land use rights of husband and wife upon divorce in Vietnam? 

According to Article 62 of the Law on Marriage and Family 2014, division of land use rights of husband and wife upon divorce is as follows:

1. Land use rights being separate property of a spouse remain under his/her ownership upon divorce.

2. The division of land use rights being common property of husband and wife upon divorce shall be divided as follows:

a/ For agricultural land under annual crops or aquaculture, if both partners have the need and conditions to directly use the land, the land use rights shall be divided under their agreement. If they fail to reach agreement thereon, they may request a court to settle it according to Article 59 of this Law.

When only one partner has the need and conditions to directly use the land, that partner may continue to use the land but shall pay to the other the portion of the land use right value the latter is entitled to;

b/ When husband and wife share the right to use agricultural land under annual crops or aquaculture with their household, upon divorce, the couple’s portion of the land use right shall be separated and divided under Point a of this Clause;

c/ For agricultural land under perennial trees, forestry land for forestation or residential land, the land use rights shall be divided according to Article 59 of this Law;

d/ The division of the rights to use land of other categories must comply with the land law.

3. For husband and wife living with their family and sharing no land use rights with the latter, upon divorce, the interests of the partner who has no land use rights and does not continue to live with the family shall be settled according to Article 61 of this Law.

According to this Article, when you and your wife divorce, the husband and wife's land use rights will be divided according to the principles prescribed above in Vietnam.

Best Regards!