How to Divide Property in Divorce in Vietnam

Which Assets Are Divided in Divorce in Vietnam?

According to Vietnamese law, assets include movable property, money, valuable papers, and property rights. Assets are classified into movable and immovable property. The joint property of spouses includes assets created by the spouses, income from labor, production activities, business, proceeds, and income generated from separate property, as well as other legitimate income during the marriage period.

When divorcing, assets determined to be joint property of the spouses will be divided. If there is no basis to prove that the disputed property is separate property of either spouse, it will be considered joint property.

Some common examples of joint property include:

• Real estate: land, houses, buildings attached to the land, etc.
• Movable property: cars, motorcycles, etc.
• Bank savings;
• Joint investments made by the spouses.

For consultation, please contact LHB Law Firm at our Hotline.: +84.969.088.118 (Zalo).

Principles of Property Division in Divorce in Vietnam

The principle of property division in divorce is equality, with a 50/50 split. However, the division must consider the following factors:

• The family circumstances and those of the husband and wife.
• The contributions made by the husband and wife in creating, maintaining, and developing the joint property. The labor of the husband and wife in the family is regarded as income-generating work.
• Protecting the legitimate interests of each party in production, business, and their profession, ensuring that both parties have the conditions to continue earning income.
• The fault of each party in violating their rights and obligations as spouses.

The joint property of the spouses is divided in kind (as physical assets). If division in kind is not possible, it will be divided based on value. If one party receives a portion of the property in kind that is worth more than their share, they must compensate the other party for the difference. In the case of commingling or blending of separate property with joint property, the spouse can request compensation for their contribution to the property value, unless there is an agreement to the contrary.

The value of the joint property and separate property of each spouse is determined based on the market value at the time of the court’s decision.

Customers who need advice on property division during divorce, please contact us. LHB Law Firm at Hotline: +84.969.088.118 (Zalo).

Procedures for Dividing Marital Property in Divorce Cases Involving Foreign Elements

The procedure for resolving disputes over common property in divorce cases in Vietnam includes the following steps:

• Step 1: Collect and prepare necessary documents.
  The party requesting or claiming common property in the divorce must gather and prepare relevant documents such as: Citizen ID card or passport, Proof of residence, Documents related to property ownership.
• Step 2: Draft a Lawsuit Petition and Divorce Request to address the resolution of common property disputes during the divorce process.
• Step 3: Submit the Lawsuit Petition and Divorce Request to the competent People’s Court.
• Step 4: Participate in the case resolution process at the competent People’s Court to resolve disputes over common property during the divorce.

Disputes over common property during divorce are among the most complex legal cases. The outcome directly affects property rights, particularly for high-value assets.

How much does a property dispute during divorce cost in Vietnam?

Court fees for property disputes

Property disputes during divorce are considered civil disputes with a monetary value. According to regulations, court fees are determined as follows:

	First-instance civil court fee	Fee rates
	The court fees for first-instance civil, marriage, and family disputes
1	For civil, marriage, and family disputes without a specified monetary value (no monetary claim)	300.000 VND
2	For civil, marriage, and family disputes without a specified monetary value (no monetary claim)
2.1	From 6.000.000 VND or less	300.000 VND
2.2	From over 6.000.000 VND to 400.000.000 VND	5% value of Disputed Property
2.3	From over 400.000.000 VND to  800.000.000 VND	20.000.000 VND + 4% for the portion of the disputed property value exceeding 400.000.000 VND
2.4	From over 800.000 VND to 2.000.000.000 VND	36.000.000 VND + 3% for the portion of the disputed property value exceeding 800.000.000 VND
2.5	From over 2.000.000.000 VND to 4.000.000.000 VND	72.000.000 VND + 2% for the portion of the disputed property value exceeding 2.000.000.000 VNd
2.6	From over 4.000.000.000 VND	112.000.000 VND + 0,1% for the portion of the disputed property value exceeding 4.000.000.000 VND
	Court fees for appellate civil, marriage, and family disputes	300.000 VND

(1 USD = 25.465.000 VND according to the exchange rate of Vietcombank on 02/7/2024).

Lawyer Fees for Property Disputes in Divorce Cases

After receiving the case details, Hùng Bách Law Firm will conduct an assessment, propose a plan, and inform the client of the lawyer service fees for consideration. Our lawyer fees are determined based on the following criteria:

• The nature and complexity of the case;
• The time and scope of work to be performed by the lawyer;
• The professional quality, skills, and experience of the lawyer handling the case;
• The client’s requirements;
• Legal regulations regarding legal service fees.

The lawyer fees of LHB Law Firm are as follows:

LHB LAWYER FEE TABLE

NO	SERVICES	FEE
1	Receiving Information and Guiding Legal Procedures	Free
2	Direct or Phone Consultation with a Lawyer	50 USD/ giờ
3	Written Legal Consultation by a Lawyer	Từ 100 USD
4	Drafting a Complaint or Lawsuit	Từ 100/trang USD
5	Participating in Litigation and Resolving Disputes in Court	Từ 2.000 USD + % Valure of Disputes
6	Resolving Disputes in Court	Agreement
7	Other Lawyer Services in Vietnam	Agreement

• Work directly at our headquarters or branches located at: Ha Noi, Ho Chi Minh, Da Nang, HaTinh
• Tel: +84.969.088.118 (Zalo)
• Email : Trungtamdichuc@gmail.com
• Website: Trung tâm di chúc Việt Nam – Luật Hùng Bách
• Fanpage: Trung tâm di chúc Việt Nam

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