Sham Divorce Under Vietnamese Law

In practice, many married couples carry out divorce procedures not due to a genuine intention to terminate marital relations, but in order to obtain certain benefits such as evading property obligations, avoiding tax liabilities, legalizing real estate documentation, or serving other unlawful purposes. This conduct is commonly referred to as sham divorce. What is sham divorce? Is administrative punishment applicable? The following article provides a detailed legal analysis. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. What Is Sham Divorce?

Pursuant to Clause 15, Article 3 of the Law on Marriage and Family 2015:

“Sham divorce means the act of taking advantage of divorce in order to evade property obligations, violate population policies or laws, or achieve other purposes without the intention of terminating the marital relationship.”

In essence, sham divorce constitutes a deceptive act that misrepresents the true nature of marital relations.

Common examples of sham divorce include:

• Divorce conducted to evade debt repayment obligations when one party is subject to litigation or holds significant outstanding debts
• Divorce conducted to transfer or conceal assets prior to enforcement measures
• Divorce conducted to satisfy eligibility conditions for purchasing social housing
• Divorce conducted to avoid tax liabilities or financial obligations
• Divorce conducted to legalize dossiers for overseas travel, immigration, nationality application, or permanent residence

Sham divorce is expressly prohibited under Clause 2, Article 5 of the Law on Marriage and Family, which stipulates prohibited acts, including sham marriage and sham divorce, coercion or deception in marriage or divorce, violations of monogamy principles, prohibited marital relationships, forced divorce, commercial surrogacy, domestic violence, and exploitation of marriage and family rights for unlawful gain.

Accordingly, sham divorce constitutes a prohibited act under current Vietnamese law. Any individual involved in such conduct may be subject to strict legal sanctions.

Sham Divorce Under Vietnamese Law

2. Is Sham Divorce Legally Recognized?

Under current law, sham divorce is not recognized by the State due to the prohibited nature of such conduct. In addition, administrative sanctions may be imposed.

According to the Law on Marriage and Family, divorce is recognized only when the following conditions are satisfied:

• Both parties genuinely and voluntarily intend to terminate the marital relationship
• Divorce is not conducted for the purpose of evading legal obligations or violating the law

When competent authorities such as courts or investigative bodies establish that divorce procedures are merely formalistic and do not reflect genuine intent, such divorce may be classified as sham divorce and will not receive legal protection.

3. Is Sham Divorce Subject to Administrative Penalties?

Sham divorce is subject to administrative penalties in accordance with Vietnamese law. Pursuant to Point c, Clause 2, Article 59 of Decree No. 82/2020/ND-CP on administrative sanctions in the field of marriage and family, acts of taking advantage of divorce to evade obligations or perform unlawful conduct may be sanctioned.

Applicable administrative penalties include:

• Monetary fines ranging from VND 10,000,000 to VND 20,000,000 for acts of taking advantage of divorce to evade property obligations, civil obligations, or other statutory obligations
• Mandatory restoration of the original legal status and annulment of transactions or agreements arising from sham divorce, where applicable

In cases where sham divorce results in serious consequences involving property fraud, deception, or tax evasion of significant value, criminal liability may arise in accordance with applicable criminal law provisions, beyond administrative penalties.

4. Legal Consequences of Sham Divorce

Sham divorce entails substantial legal risks, including:

• Exposure to administrative penalties
• Invalidation of asset division agreements
• Adverse effects on child-related rights such as custody, support obligations, and inheritance rights.

Sham Divorce Under Vietnamese Law

In many cases, conduct initially intended to circumvent legal regulations later develops into genuine disputes, leading to loss of property rights or parental rights.

5. Distinction Between Lawful Divorce and Sham Divorce

Sham divorce constitutes divorce conducted without genuine intent to terminate marriage, aiming instead to evade obligations or obtain unlawful benefits. Under current law, such conduct may result in administrative penalties and potentially more serious legal liability when significant consequences occur.

To avoid legal risks, individuals should clearly understand the legal nature of divorce and conduct marriage and family procedures in a truthful and lawful manner.

6. Apolo Lawyers – Solicitors & Litigators provides consulting services on divorce procedures

Our company provides fast unilateral divorce services in Ho Chi Minh City, such as:

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers – Solicitors & Litigators has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for a divorce procedure consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Resolving Spousal Relationships in Unilateral Divorce

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