In the event of a divorce between a Vietnamese citizen and a foreigner, the determination and division of marital assets, as well as the resolution of rights and obligations related to property, are governed by the provisions of the 2014 Law on Marriage and Family and the 2015 Civil Code in cases where Vietnam and the involved foreign countries have not entered into international treaties or judicial assistance agreements on these matters.
Table of Contents/Mục lục
1. Asset Classification
Classifying assets involves determining whether they are movable or immovable. According to Article 677 of the 2015 Civil Code, the classification of assets as movable or immovable is determined by the law of the country where the asset is located.
This means that if marital assets are located in multiple countries and remain in those locations, they will be classified based on the laws of the respective countries, per Article 677.
This rule is designed to minimize legal conflicts between countries, as there is no universal agreement on the definitions of movable and immovable assets. By classifying assets based on their geographical location, legal conflicts are reduced, and authorities in the relevant jurisdictions can handle cases more effectively without concerns about international legal discrepancies.
2. Marital Assets
According to Article 59 of the 2014 Law on Marriage and Family, if the property regime between spouses is governed by legal provisions, the resolution of property matters in a divorce prioritizes mutual agreement. If an agreement cannot be reached, the court will resolve the matter based on applicable legal provisions.
When dividing marital property, the principle of equal division is applied. However, the court will consider various factors to ensure fairness and reasonableness, such as:
- Family circumstances: Financial, health, and actual needs of each party. For instance, the party responsible for raising children or facing greater hardships will receive priority.
- Contribution of each party: This includes not only financial contributions but also efforts in family care, child-rearing, and maintaining the household. Those contributing more to the acquisition, maintenance, or development of marital property will receive a larger share.
- Protection of legitimate interests: The goal is to safeguard the lawful and legitimate rights of each party, particularly those of women, children, or other vulnerable individuals.
- Fault in marital obligations: If one party significantly violates marital obligations (e.g., adultery, domestic violence, or neglect of family responsibilities), this may influence the division of assets.
These provisions aim to ensure that the division of assets reflects fairness, humanity, and the specific circumstances of the parties involved.
3. Real Estate in Vietnam
Under Article 470 of the 2015 Civil Procedure Code, civil cases involving foreign elements related to real estate located in Vietnam fall under the jurisdiction of Vietnamese courts.
This principle asserts national sovereignty over real estate within Vietnam’s territory. Disputes over ownership, usage, or related matters of real estate in Vietnam—whether between Vietnamese citizens, a Vietnamese citizen and a foreigner, or foreigners—must be resolved by Vietnamese courts.
This rule is especially important in the context of international integration and the increasing prevalence of civil, commercial, and marital transactions involving foreign elements. For instance, if a Vietnamese citizen and a foreigner own real estate in Vietnam and a dispute arises during a divorce, Vietnamese courts are the sole authority to resolve the issue, regardless of the parties’ residence.
4. Real Estate Abroad
According to Article 127 of the 2014 Law on Marriage and Family, disputes over real estate located abroad during a divorce are governed by the laws of the country where the property is situated.
Real estate is a unique asset type tied to the laws of the country where it is located. Thus, if marital real estate is located abroad, issues of ownership, division, or management are subject to the laws of the host country.
For example, if a couple owns real estate in the United States, the division of this property will depend on the laws of the state where it is located, as U.S. states have varying property and land laws. Similarly, disputes over real estate in countries like Australia, Japan, or France will be governed by their respective laws.
This underscores the importance for Vietnamese and foreign couples to understand the laws of the countries where their real estate is located to protect their legal rights. Compliance with host country laws is mandatory in international property transactions, marriages, or wills involving foreign elements.
Conclusion
Dividing assets in divorces involving Vietnamese and foreign citizens is a complex issue requiring in-depth knowledge of international and domestic laws. Factors such as asset classification, marital property, and real estate location—either in Vietnam or abroad—must be carefully considered to ensure the protection of legal rights.
To avoid legal risks and protect their interests, individuals and organizations should thoroughly prepare, seek advice from legal experts, and follow the necessary procedures when encountering disputes over assets in international divorces.
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