What Powers Do Vietnamese Courts Have Regarding Property Division, Child Custody, and Joint Debts?
1. What powers do the courts have in dividing marital and separate property?
Marital property is defined as property formed during the marriage, including income, profits, jointly inherited or gifted property, and other assets the couple agrees to treat as joint property. If the couple cannot agree on property division during the marriage, either spouse may request the Court to resolve the matter under the 2014 Law on Marriage and Family (Article 38).
The Court handles property division based on these principles:
Marital property is divided equally (50/50), unless otherwise agreed by the parties or special circumstances require consideration.
When dividing property, the Court considers: family circumstances, each party’s contribution (including housework and caregiving), protection of legitimate interests in labor and careers, and whether a spouse is at fault in violating marital obligations.
Property is divided in kind (in actual assets). If this is not possible, it is divided by value, and the party receiving a larger share must compensate the other for the difference.
Separate property (e.g., inherited, gifted individually, or acquired before marriage) is not divided by the Court, unless it has been merged into the marital estate or cannot be proven as separate — in which case it may be treated as joint property.
2. How does the Court handle joint debts?
Joint debts are those incurred by either or both spouses during the marriage for the benefit of both. After divorce, the obligation to repay joint debts remains valid.
If both parties agree on who will repay the debts, this agreement can be attached to the divorce settlement or recorded by the Court.
If no agreement is reached, the Court will intervene and assign repayment responsibilities based on evidence, testimony, and the purpose of the debt (whether it served joint or personal needs).
Note: If a debt and property division agreement has been recorded by the Court in a mutual consent divorce judgment, that decision is immediately effective and cannot be appealed (except in cases of fraud or coercion). If the property/debt matter was not resolved in the initial case, a separate lawsuit may later be filed before the appropriate Court.
3. How does the Court make decisions on child custody and support?
The Court has the authority to determine custody rights, child support obligations, and post-divorce caregiving responsibilities based on the best interests of the child, the parents’ rights and duties, and the child’s wishes (if the child is 7 years old or older).
If the couple agrees on child custody and support, the Court typically acknowledges this agreement.
In case of disagreement, the Court bases its decision on applicable laws.
The Court may summon the child (usually aged 7 or older) to determine their preference for living arrangements, ensuring the child’s interests are protected.
The Court determines the custodian parent, visitation rights, and support payments suitable to the parent’s capacity and the child’s needs.
4. How does the Court handle overseas property or assets involving foreign elements?
For assets located abroad or outside the jurisdiction of Vietnam:
The Vietnamese Court only resolves issues related to assets within its jurisdiction and under Vietnamese law, or if there’s a mutual agreement between the parties to include them in the case.
Property located overseas may require coordination or recognition from a foreign court (via recognition and enforcement procedures, international judicial cooperation, etc.), depending on the parties' consent.
5. Are children entitled to a share of the property in a divorce?
Under current Vietnamese law, there is no mandatory provision requiring property to be allocated to children when parents divorce, unless there is a clear agreement between the parents.
Specifically:
Children may receive assets if both parents agree to allocate property to them during the divorce, provided this is documented in writing or a legal agreement.
If the child co-owns a joint asset (e.g., through capital contribution, inheritance, or legal title), the Court may consider the child’s ownership rights during the division of assets.
A child’s personal property is not subject to division between the parents and remains protected under their individual ownership rights.
Conclusion
Summary of the Court’s powers and roles in divorce proceedings:
Property Division: Divides joint property based on the 50/50 principle (with possible adjustments); separate property is not divided unless merged into joint assets.
Joint Debts: Determines repayment responsibility; prioritizes agreement, or assesses the debt’s purpose and evidence to assign liability.
Child Custody & Support: Decides based on the best interests of the child; if the child is 7 or older, their wishes are considered; custody and support are clearly outlined.
Foreign Property: Handles only the portion under Vietnamese jurisdiction; may support recognition of foreign court rulings if agreed.
Children Receiving Property? Not mandatory unless agreed by parents or the child is a lawful co-owner.
Practical Advice
If you're going through a divorce, don’t avoid the legal process — having a clear, written agreement is the foundation for protecting your and your children’s rights.
The Court prioritizes fairness and child protection. Be sure to prepare your documents and evidence carefully. And if needed, consult a dedicated legal expert to support and guide you confidently through this critical phase of life.
Contact DEDICA Law Firm for expert legal consultation!
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