Legal Counselling

Vietnam: How to determine property of husband and wife under agreement?

11:03, 04/01/2015

On December 31, 2014, the Government of Vietnam issued Decree No. 126/2014/ND-CP detailing a number of articles and measures for implementation of the Law on Marriage and Family.

According to Decree No. 126/2014/ND-CP of Vietnam’s Government, when choosing to apply the agreed matrimonial property regime, husband and wife may reach agreement on determination of property as follows:

- Matrimonial property includes common property and separate property of husband and wife;

- Husband and wife have no separate property and all property a spouse has before marriage or during the marriage period is common property;

- Husband and wife have no common property and all property a spouse has before marriage and during the marriage period is separate property of that spouse; or

- Property is determined as otherwise agreed by husband and wife.

Notably, the agreement on matrimonial property must comply with Articles 29, 30, 31 and 32 of the Law on Marriage and Family of Vietnam. If such agreement violates those provisions, persons with related rights and interests may request a court to declare it invalid in accordance with Article 50 of the Law on Marriage and Family.

View more details at Decree No. 126/2014/ND-CP of Vietnam’s Government, effective from February 15, 2015.

- Hoang Duy -

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