Authorization to divide property upon divorce in Vietnam

by DungTran

Authorization to divide property upon divorce in Vietnam. Principles of property settlement of husband and wife upon divorce. Let us learn about this topic with LSX law firm as follow:

Principles of property settlement of husband and wife upon divorce.

Property division upon divorce: What should be noted in Vietnam? Principles of property settlement of husband and wife upon divorce. According to Article 59 of the Law on Marriage and Family 2014; the settlement of property of husband and wife upon divorce must be based on the following principles of law:

The first is the principle based on the agreement of the husband and wife: In the case of the husband and wife’s property regime according to the law; the settlement of property shall be; agreed upon by the parties the settlement of property upon divorce shall be; applied according to such agreement; if the agreement is not complete and clear, the corresponding provisions in Clauses 2, 3, 4 and 5 of this Article; and Articles 60, 61, 62, 63 and 64 of this Law shall apply to settle the matter. How to prove spouse’s separate property in Vietnam?

Second principle of settlement upon request of the Court: if no agreement is reached; then, at the request of the husband, wife or husband and wife; the Court shall settle according to the provisions of Clauses 2, 3, 4 and 5 of this Article and in Articles 60, 61, 62, 63 and 64 of this Law.

Authorization to divide property upon divorce in Vietnam

The marriage relationship is a special relationship, with special rights; so the divorce will not be able to authorize another person to do it on his behalf. However, a representative can still file for divorce according to the provisions of the law. Then the spouses need to appear in court to legally resolve the divorce.

Authorization to request divorce in Vietnam

According to the provisions of Article 51 of the Law on Marriage and Family 2014; the right to request divorce settlement includes:

Wife, husband or both have the right to request the Court to settle the divorce.

Parents, other relatives have the right to request the Court to settle the divorce; when one of the spouses is unable to perceive due to a mental illness or another disease; control their own behavior, and at the same time are victims of domestic violence; caused by their husbands and wives, seriously affecting their lives, health and spirit.

A husband has no right to request a divorce in case his wife is pregnant; has given birth or is raising a child under 12 months of age.

Thus, according to regulations, parents and other relatives have the right to request the Court to settle the divorce; when one of the spouses is unable to perceive due to a mental illness or another disease; control their own behavior, and at the same time are victims of domestic violence; caused by their husbands and wives, seriously affecting their lives, health and spirit. The law only stipulates in this case that someone other than husband and wife is allowed to file a petition for divorce.

Representative, authorized to divide assets upon divorce in Vietnam

Accordingly, the provisions of the Civil Procedure Code 2015 in Article 86 on the representative, the representative includes:

The representative in civil proceedings includes the legal representative and the authorized representative. The representative can be an individual or a legal entity as prescribed by the Civil Code.

The legal representative according to the provisions of the Civil Code is the legal representative in civil proceedings; except for cases where the right to representation is; restricted as prescribed by law.

Agencies, organizations and individuals that initiate lawsuits to protect the legitimate rights; and interests of other persons are also the legal representatives in civil proceedings of the protected persons.

The representative organization of the labor collective is the legal representative for the workers’ collective to initiate a labor lawsuit; participate in court proceedings when the legitimate rights and interests of the employees’ collective are infringed; the representative organization of the labor collective representing the employees to initiate labor lawsuits; and participate in legal proceedings when authorized by the employees.

Where many employees have the same requirements for the employer; In the same enterprise or unit, they may authorize a representative of the labor collective representative organization; to initiate labor lawsuits on their behalf and participate in court proceedings.

An authorized representative in accordance with the Civil Code is an authorized representative in civil proceedings.

Thus, it can be seen that according to the provisions of the authorizing person, the involved party is not allowed to authorize another person to participate in the proceedings on his behalf.

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Related questions

What is a divorce?

Accordingly, the provisions of the Law on Marriage and Family 2014 in Clause 14, Article 3, divorce is defined as follows: Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.
Thus, divorce is the termination of the husband and wife relationship, however, this termination must be decided according to the effective judgment of the Court where the divorce case is heard.

Property division upon divorce.

Property division upon divorce is a mandatory procedural regulation that both spouses must perform at the end of a marriage relationship. The division of property upon divorce, the husband and wife can agree on the division of common or separate property depending on the agreement of the husband and wife and a number of other financial obligations. If the spouses cannot agree to divide the property by themselves, they will request the Court to divide according to the provisions of law.

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