Fees for Divorce Situation in Vietnam

While resolving a divorce, the amount of court fees when dividing property is a matter. Famous law firm in Vietnam with a team of lawyers, experienced legal assistants in family, marriage, would like to advise the clients to share property charges when divorced.

Update: 7/4/2017 | Dragon Law Firm

Dragon Law Firm with a team of lawyers, experienced legal assistants in family, marriage, would like to advise the clients to share property charges when divorced.

Dragon law-best law firm in vietnam in divorce

1. Ways to Divide Property in Divorce Case

Under the Article 59 of Law on Marriage and Family 2014, principles of settlement of property of husband and wife upon divorce as follows:

1. The settlement of property shall be agreed upon by the concerned parties in case of applying the statutory matrimonial property regime. If they fail to reach agreement thereon, at the request of a spouse or both, a court shall settle it according to Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.

In case of applying the agreed matrimonial property regime, the settlement of property upon divorce must comply with such agreement. In case the agreement is insufficient or unclear, the settlement must comply with corresponding provisions of Clauses 2, 3, 4 and 5 of this Article and Articles 60, 61, 62, 63 and 64 of this Law.

2. Common property shall be divided into two, taking into account the following factors:

a. Circumstances of the family, husband and wife;

b. Each spouse’s contributions to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;

c. Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;

d. Each spouse’s faults in the infringement of spousal rights and obligations.

Therefore, to divide the property upon divorce, the common and separate property of husband and wife must be determined. The Law on Marriage and Family is also regulated:

- 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 a property in dispute between husband and wife is his/her separate property, such property shall be regarded as common property.

- Separate property of husband and wife

Separate property of a spouse includes property owned by this person before marriage; property inherited by or given separately to him/her during the marriage period; property divided to him/her under Articles 38,39 and 40 of this Law; property to meet his/her essential needs and other property under his/her ownership as prescribed by law.

Property created from separate property of a husband or wife is also property of his/ her own. Yields and profits arising from separate property during the marriage period must comply with Clause 1, Article 33, and Clause 1, Article 40, of this Law.

2. Court Fees in Divorce

According to the Article 147, Code of Civil Procedure 2015: “4. The plaintiffs in divorce cases must pay first-instance Court fees, without depending on whether the Courts accept their petitions or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the first-instance Court fees.”

In the case of a dispute over the division of the common property of husband and wife, the couple also have to pay the court fee for disputed property, such as civil lawsuits, with fee level corresponding to the value of the divided property.

Court fee at the First-Instance Court to the civil dispute as follows:

Value of Disputed Property (VND)	Court Fees (VND)
Below 4,000,000	200,000
4,000,000 – 400,000,000	5% value of disputed property
400,000,000 – 800,000,000	20,000,000 + 4% value of disputed property over 400,000,000
800,000,000 – 2,000,000,000	36,000,000 + 3% value of disputed property over 800,000,000
2,000,000,000 – 4,000,000,000	72,000,000 + 2% value of disputed property over 2,000,000,000
4,000,000,000	112,000,000 + 0,1% value of disputed property over 4,000,000,000