Principles for resolving husband and wife property upon divorce in Vietnam

The Law on Marriage and Family 2014 stipulates principles for resolving husband and wife property upon divorce in Vietnam. Specific content as follows:

1. Principles of division of common property in Vietnam

The common property of husband and wife is divided in half, taking into account the factors specifically stipulated in Clause 2, Article 59 of the Law on Marriage and Family 2014, specifically including the following criteria:

- Circumstances of the family and of spouses;

- The contributions of husband and wife to the creation, maintenance, and development of common assets. The labor of the husband and wife in the family is considered paid labor;

- Protect the legitimate interests of each party in production, business, and profession so that both parties can continue to work and generate income;

- Each party's fault in violating the rights and obligations of husband and wife.

Principles for resolving husband and wife property upon divorce in Vietnam (Internet image)

The common property of husband and wife will be divided in kind. If it cannot be divided in kind, it will be divided according to value; Any party receiving property in kind that has a value greater than the portion they are entitled to must pay the other party the difference.

In addition, priority should be given to protecting the rights and legitimate interests of wives, minor children, and adult children who have lost civil act capacity or are unable to work and have no assets to support themselves.

In addition, the value of the husband and wife's common property and separate property is determined according to the market price at the time of the first instance settlement of the case.

In addition, Article 7 of Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP also stipulates. When resolving a divorce, if there is a request to declare the agreement on the couple's property regime invalid, the Court will consider and resolve it at the same time as the request to divide the couple's assets upon divorce. In addition, in cases where a husband and wife have property rights and obligations with a third person that they request to be resolved, the Court must resolve them when dividing the couple's common property. In the event that a husband and wife have obligations to a third person and the third person does not request settlement, the Court shall instruct them to resolve it in another case.

3. Respect the agreement between the parties in Vietnam

In the case of a marital property regime according to law, the property settlement is agreed upon by the parties; If no agreement can be reached, at the request of the spouse or both spouses, the Court shall resolve the matter according to the provisions of Clauses 2, 3, 4, and 5, Article 59, and in Articles 60, 61, 62, 63 and 64 of the Law on Marriage and Family 2014.

In case the husband and wife's property regime is according to an agreement, the property settlement upon divorce shall apply according to that agreement; If the agreement is not complete and clear, the corresponding provisions in Clauses 2, 3, 4 and 5, Article 59 and in Articles 60, 61, 62, 63 and 64 of the Law on Marriage and Family 2014 shall apply to solve the problem.

At the same time, Joint Circular 01/2016/TTLT-TANDTC-VKSNDTC-BTP stipulates that if the parties cannot reach an agreement but request, the Court must consider and decide whether to apply the marital property regime according to agreement or law. Depending on each specific case, the Court will handle it as follows:

- In cases where there is no written agreement on the marital property regime, the statutory marital property regime shall be applied to divide the couple's assets upon divorce.

- In case there is a written agreement on the husband and wife's property regime and this document is not declared completely invalid by the Court, the contents of the written agreement shall be applied to divide the husband and wife's property when divorced.

4. Division of private property in Vietnam

When dividing the separate property of husband and wife, the separate property of the husband and wife belongs to that person, unless the separate property has been merged into common property. In the event that there is a merger or mixing of separate assets with common assets and the husband and wife request to divide the assets, they will be paid the value of their assets contributed to that asset block unless otherwise agreed.

For details, see: Clause 4, Article 59 of the Law on Marriage and Family 2014.

Hai Tien

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