Divorce is not a new issue in every country over the world. Many studies indicated that the higher the marriage rate, the higher the divorce rate. Both the husband and wife also find good solution for every situation. In particular; how is the property division in an International Divorce in Vietnam done? Let’s find out with LSX Law Firm!
The Law on Marriage and Family 2014
The Civil Procedure Code in 2015
What is a divorce with foreign elements?
Divorce with foreign elements is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.
Accordingly; marriage and family relations involving foreign elements are marriage and family relations in which at least one party is a foreigner or overseas Vietnamese.
Marital and family relations between the participants who are Vietnamese citizens; but grounds for establishing, changing or terminating such relationship according to foreign laws; arising in foreign countries or assets related to such relationship in foreign countries.
Property Division in an International Divorce in Viet Nam
Property division in divorce with a foreigner is essentially the division of common property of husband and wife during the marriage; including:
- Property created by husband and wife
- Income from labor
- Production and business activities
- Yields and profits arising from separate property and other lawful incomes during the marriage. Except for the otherwise agreed by the party. Property that husband and wife inherit jointly; or are given as a gift and other property agreed upon by husband; and wife is common property.
- Land use rights acquired by husband and wife after marriage. Except where the spouses separately inherited; given separately or acquired through a transaction with separate property.
The husband and wife’s common property is under common ownership. It also used to meet the family’s needs; fulfill the husband and wife’s common obligations.
With the Property Division in an International Divorce in Viet Nam; if there are no grounds to prove that the property in dispute between the husband and wife is the separate property of each party. Then, it is considered as common property.
Property Division in an International Divorce in Viet Nam
According to Article 127 of the Law on Marriage and Family 2014; the principle of applying the law to a divorce involving foreign elements is based on the following provisions:
1. Divorce between a Vietnamese citizen and a foreigner; or between two foreigners permanently residing in Vietnam; they shall be settled at a competent Vietnamese agency in accordance with this Law.
2. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce. The law shall settle the divorce according to the country where the husband and wife permanently co-reside. If they do not have a place of permanent co-residence, the Vietnamese law shall apply.
3. The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country where such immovables are located.
Thus, we can draw the Property Division in an International Divorce in Viet Nam as follows:
If the property is real estate; in the event of divorce, the law of the place where the immovable property is located will apply. Eg; if their common property is a foreigner, the Vietnamese husband is a house in Vietnam. So, The jurisdiction to handle property belongs to the Court in Vietnam.
In which; the Court competent to settle property in a divorce involving foreign elements is the People’s Court of the province. The People’s Court of the district (in case there are no involved parties or overseas assets. Or, Legal entrustment to Vietnamese consular offices abroad; and for marriage and family relations involving foreign elements in border areas).
If the property is movable; the issue of the Property Department in International Divorce in Vietnam simply resolved as follows:
By mutual agreement of both spouses
If both parties cannot come to an agreement, they will settle according to the provisions of law:
The law shall divide the common property of husband and wife equally; but taking into account the following factors:
Circumstances of the family and of the husband and wife.
The husband and wife’s contribution to the creation, maintenance and development of common property. In addition, the labor of husband and wife in the family is considered as income labor.
It protect the legitimate interests of each party in production, business and profession. Then, it helps the parties have conditions to continue working to generate income.
The fault of each party in violation of the rights and obligations of husband and wife.
They shall divide the common property in kind.
If it cannot divide in kind. So, the law shall divide according shall be divided in kind.
They also shall divide according to its value. Whichever 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; then the husband and wife have a request for property division. So, the value of their property’s contribution to that property shall pay for themselves; except for if the spouses have other agreements.
Hope this article “Property Division in an International Divorce in Viet Nam” is useful for you! If you still have problems, are unclear or need other legal support , please contact Lawyer X : 0833102102
In marriage and family relations with Vietnamese citizens, even after marriage, foreigners in Vietnam have the same rights and obligations as Vietnamese citizens, unless otherwise provided for by Vietnamese law
When settling a divorce, if there is a request to declare that the agreement on the husband and wife’s property regime is invalid. The Court shall consider and settle it at the same time with the request for division of the husband’s property upon divorce.
In case a husband and wife have property rights and obligations towards a third party that they request to settle, the court must settle them when dividing the husband and wife’s common property.
Where husband and wife have obligations to a third party but the third party does not request settlement, the Court shall guide them to settle another case.