Sham Divorce Under Vietnamese Law

Learn why a sham divorce creates legal risks in Vietnam and why an apparent court divorce should not be treated as a harmless private arrangement.

A sham divorce is a prohibited use of divorce

The Law on Marriage and Family 2014 identifies sham divorce as using divorce to evade property obligations or achieve prohibited purposes without intending genuinely to terminate the marital relationship. Its prohibition should be considered alongside the actual facts and transactions involved.

Examples requiring careful review include a purported divorce used to conceal assets from a creditor, misrepresent eligibility for a benefit or support a deceptive immigration arrangement. Allegations should be supported by evidence; continuing to communicate or cooperate after a lawful divorce is not, by itself, proof of a sham.

Do not assume a court decision can be privately ignored

A prohibited purpose and the legal effect of an existing court judgment are separate issues. A couple should not assume that a divorce decision has no legal consequences simply because they privately intended to remain together. Nor should a third party assume they can disregard a decision without using the appropriate legal procedure.

The effect of the judgment, any challenge to it and the validity of particular property arrangements require assessment under the relevant procedural and substantive rules. This is especially important where children, creditors or third parties have relied on the recorded marital status.

Financial arrangements can expose both parties to risk

A divorce or property agreement does not automatically eliminate obligations owed to third parties. Transactions intended to defeat creditors or enforcement can be challenged where the legal conditions are established. Depending on the conduct and evidence, administrative, civil or criminal provisions may require consideration.

The applicable penalty should be checked against the current legislation and the date of the conduct. A general article cannot determine liability merely from the fact that a couple divorced and later resumed living together.

Documents relevant to a suspected sham arrangement

Preserve records lawfully and distinguish what you know directly from assumptions. Do not alter documents, fabricate communications or threaten disclosure to obtain a settlement.

• The judgment or decision, relevant dates and proof of its legal effect.
• Property agreements, transfers, bank records and the timing of existing obligations.
• Statements or documents submitted to courts, immigration bodies or other authorities.
• Evidence of the alleged prohibited purpose and any loss suffered by a creditor or other party.

Choose a lawful response to the actual problem

A person facing financial pressure should seek advice on legitimate debt, property and family arrangements. A person affected by a suspected sham should identify the specific transaction or legal consequence they need to challenge. The objective is a supported legal response, rather than treating divorce as a device for avoiding obligations.