Methods for Valuing Assets in Divorce Disputes Involving Foreign Elements in Vietnam
1. What is a divorce with foreign elements in Vietnam, and how does it affect asset valuation?
According to Article 127 of the Law on Marriage and Family 2014, a divorce involves foreign elements when one spouse is a Vietnamese citizen and the other is a foreigner, or both are foreigners residing in Vietnam, or one party does not reside in Vietnam at the time of divorce, or if there is real estate located abroad. In such cases, the applicable law is the one of the country where the property is located.
Impact on asset valuation:
For real estate located abroad, valuation typically follows the law of the country in which the property is situated. It may require appraisal according to local standards, followed by currency conversion into Vietnamese Dong for court consideration.
For assets located in Vietnam, the valuation follows Vietnamese law on asset valuation and civil procedure for appraisal.
2. How is asset valuation conducted in Vietnam (especially in the context of divorce with foreign elements)?
According to Article 104 of the Civil Procedure Code 2015, parties may:
Mutually agree on asset valuation;
Provide self-assessed asset values;
Request the Court to establish a Valuation Council;
Request a revaluation if the initial result does not reflect market value.
Typical asset valuation process includes:
Asset classification and preparation of legal documents (ownership certificates, contracts, invoices…).
Site inspection and market data collection.
Preparation of a valuation report.
Internal control and issuance of valuation certificate.
If the asset is located abroad, a foreign valuation firm may be engaged to prepare the report, which then must be translated and notarized for use in the Vietnamese court.
3. Legal and practical notes on asset valuation in divorce with foreign elements in Vietnam
a) Priority for mutual agreement between spouses
If spouses reach a clear agreement on asset value, the court will respect it. If not, the court will apply Article 59 of the Law on Marriage and Family 2014: joint assets are divided per agreement; otherwise, they are split equally, taking into account factors such as personal circumstances, contributions, faults, and protection of the disadvantaged party.
b) Asset located in Vietnam, but one spouse resides abroad
Under Article 35 of the Civil Procedure Code 2015, if an asset or party is located abroad or judicial assistance is required, the case must be handled by a provincial-level court or higher.
Additional documents from local authorities or consulates may be needed if the defendant has left Vietnam.
c) Real estate located abroad
The court will apply the law of the country where the real estate is located to determine ownership and valuation. This often requires international cooperation, identification of a qualified local valuation firm, translated documents, and notarization.
d) Appraisal costs and court fees in Vietnam
Court-led appraisal fees, as per Article 104 of the Civil Procedure Code, align with the case value and are structured as follows:
Up to VND 4 million: VND 200,000
From over VND 4 million to VND 400 million: 5% of asset value
From VND 400 million to VND 800 million: VND 20 million + 4% of the excess
Over VND 4 billion: VND 112 million + 0.1% of the excess
If valuation is conducted by an independent company, the fee is determined based on the service agreement between the requesting party and the valuation firm.
4. Practical experience – Useful recommendations
– Transparent internal agreements on asset value
It is advisable for spouses to reach a mutual agreement and prepare a written acknowledgment of asset values, supported by documents (invoices, contracts…). This saves time, litigation costs, and minimizes conflicts.
– Choose a reputable valuation firm
For assets in Vietnam: engage certified, experienced valuation firms such as Sunvalue, AFA, Savills...
For foreign assets: cooperate with reputable local valuation companies, ensure translated documents and legal notarization are in place.
– Prepare complete documentation early
Include:
Property documents (ownership certificates, contracts, receipts, photos, maps…)
Notarized translations for foreign assets
Valuation agreement (if applicable)
– Budget for appraisal and legal costs
Anticipate valuation fees (either court or private firm), court filing fees, and legal counsel costs if applicable.
Conclusion
Asset valuation in divorce disputes involving foreign elements in Vietnam is a relatively complex process with key steps:
Clearly distinguish between domestic and foreign assets to apply appropriate laws.
Prioritize mutual agreement; if not possible, follow Article 104 of the Civil Procedure Code and Article 59 of the Law on Marriage and Family 2014.
Prepare complete and valid documentation, especially when international elements are involved.
Anticipate and budget for all appraisal, court, and legal expenses.
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