The Agreement On Division Common Property When Divorce In Viet Nam

1. What is common property? 

When getting a divorce in Viet Nam, husband and wife often have disputes relating to determining common property. So, Law on Marriage and Family 2014 has stipulated the definition of common property. Particularly, Article 33 of this Law has defined as the following: 

Article 33. Common property of husband and wife

Common property of husband and wife includes property created by a spouse, incomes generated from labor, production and business activities, yields and profits arising from separate property and other lawful incomes in the marriage period; except the case prescribed in Clause 1, Article 40 of this Law; property jointly inherited by or given to both, and other property agreed upon by husband and wife as common property.

The land use rights obtained by a spouse after marriage shall be common property of husband and wife, unless they are separately inherited by, or given to a spouse or are obtained through transactions made with separate property.

Common property of husband and wife shall be under integrated common ownership and used to meet family needs and perform common obligations of husband and wife.

When exists no ground to prove that property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.

2. The agreement on division of common property when divorce in Viet Nam

In the relationship between husband and wife, the Law on Marriage and Family also clearly shows respect for the right of husband and wife to self-determination over common property when living together as well as during divorce in Viet Nam

Clause 1, Article 59 of the Law on Marriage and Family 2014 stipulates: "The division of property upon divorce shall be agreed upon by two spouses, if no agreement is reached, the court shall be requested to settle". Thus, only when the couple cannot agree on how to divide the property and have a request, the Court will decide. The state does not actively intervene in the division of common property of husband and wife. Spouses can agree on the division of common property, without requiring the involvement of the Court. Only when the involved parties cannot agree on the division of common property when divorce in Viet Nam, or although they agree on the division of common property when divorce, but want this agreement to be guaranteed the highest enforceability, the two parties have the right to request the Court to settle. 

However, the right to freedom of agreement, the right to freely decide of the involved parties in general, of the spouses is not unlimited, but such agreement must ensure respect for the interests of the State, the interests of the community, rights, and interests of others. 

>>> Read more: Principles of settlement of common property upon divorce

>>> Read more: Division of land use rights upon divorce

3. Lawyers service on advising division of common property when divorce in Viet Nam. 

Specifically, after receiving all the information and documents provided by the client, our Lawyers will conduct the following tasks:

• Research all information and records provided by the client.

• Consult, and discuss the request to be resolved.

• Compose and prepare documents, they are necessary and correspond to the lawsuit request of the clients.

• Appointing Lawyers to work with the Court and in working sessions to protect the rights and interests of clients.

• Represent the clients to work and resolve all the problems relating to the issues clients.

• Publicize the processing of records, and regularly update information with clients so that the parties can monitor the work together.

APOLO LAWYERS