Dossier for amicable settlement of property dispute in Vietnam. Principles of amicable settlement of divorce and property disputes. Let us learn about this topic with LSX law firm as follow:
Consensus divorce What is property dispute in Vietnam?
What is a divorce? What is the common cause of divorce in Vietnam? The consent to divorce can be; understood as follows: The two parties really voluntarily divorce;and have agreed on the division of property; the care, rearing, care; and education of children on the basis of ensuring the legitimate interests of the wife and children. There were no serious conflicts or violations of obligations leading to the dissolution of the marriage. In short, amicable divorce is based on peace.
Also, consent to divorce property dispute means that the parties cannot agree on how to divide the property appropriately. This may be; a dispute about the common property of the couple created during the process of living together.
Principles of amicable settlement of divorce and property disputes in Vietnam
The husband and wife’s common property shall be; divided in kind, if it cannot be; divided in kind, it shall be divided according to its value; which party receives a portion of the property in kind with a value greater than its share, must pay the other party the difference.
Separate property of a husband and wife is under their ownership, except for cases where separate property has been; merged into common property in accordance with this Law.
In the event of a merger or amalgamation of separate property with common property and the husband and wife have a request for property division, they shall be; paid the value of their property’s contribution to that property, except for if the spouses have other agreements.
To protect the legitimate rights and interests of wives, minor children and adult children who have lost their civil act capacity or are unable to work and have no property to support themselves.
Dossier for amicable settlement of property dispute in Vietnam
Conditions and procedures for consent to divorce in Vietnam. Firstly, divorce petition;
Secondly, copy of the spouse’s identity document;
Thirdly, copies of legal documents such as birth certificates;
Moreover, notarized certified true copy of documents on the disputed property.
In addition, if there is a dispute related to private property, the petitioner must have evidence to prove that his claim is reasonable and accurate.
The agency accepting the divorce settlement of property disputes
Depending on the specific case, there are different settlement agencies. Specifically:
If there is no foreign element between the two parties, then according to Clause 1, Article 35 of the 2015 Civil Procedure Code, the district-level People’s Court has the authority to accept the settlement.
If there is a marriage relationship with foreign elements between the two parties (including at least one of the participating parties being a foreigner or a Vietnamese residing abroad; the marriage and family relationship between the participating parties is Vietnamese citizens but the grounds for establishing, changing or terminating such relationship according to foreign laws, arising in foreign countries or assets related to such relations in foreign countries), the People’s Court of the province may authorization.
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Related questions
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.
Specifically, 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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