Cases of invalidated common property division during the marriage period in Vietnam

Cases of invalidated common property division during the marriage period in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases of invalidated common property division during the marriage period in Vietnam

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

- 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;

- It aims to shirk the following obligations:

+Raising and support obligations;

+ Damages payment obligations;

+ Payment obligations when declared bankrupt by a court;

+ Debt payment obligations;

 Tax payment obligations or other financial obligations toward the State;

+ Other property obligations as prescribed by the Law on Marriage and Family 2014, the Civil Code 2015 and other relevant laws.

2. Regulations on termination of effect of common property division during the marriage period in Vietnam

Regulations on termination of effect of common property division during the marriage period according to Article 41 of the Law on Marriage and Family 2014 are as follows:

- After common property is divided during the marriage period, husband and wife have the right to agree to terminate the effect of such division. The form of agreement must comply with Clause 2, Article 38 of the Law on Marriage and Family 2014.

- From the effective date of the agreement between husband and wife prescribed in Clause 1 of Article 41 of the Law on Marriage and Family 2014, the determination of common property and separate property of husband and wife must comply with Articles 33 and 43 of the Law on Marriage and Family 2014. Unless otherwise agreed by husband and wife, the property portion divided to the husband or wife remains his/her separate property.

- Unless otherwise agreed by the parties, property rights and obligations arising before the termination of the effect of common property division remain effective.

- In case common property is divided during the marriage period under an effective court judgment or decision, the agreement on termination of the effect of common property division shall be recognized by the court.

3. Effective time of common property division during the marriage period in Vietnam

Effective time of common property division during the marriage period according to Article 39 of the Law on Marriage and Family 2014 is as follows:

- The effective time of a common property division shall be agreed by husband and wife and stated in the written agreement. If such time is not stated in the written agreement, it is the date of making the agreement.

- For divided property whose transactions must be under a certain form as prescribed by law, the common property division takes effect on the time the division agreement complies with the form prescribed by law.

- For common property divided by a court, the division takes effect on the legally effective date of the court’s judgment or decision.

- Property rights and obligations between husband and wife and a third party which arise before the effective time of common property division remain legally effective, unless otherwise agreed by involved parties

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