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The Supreme People's Court of Vietnam: Benchbook Online

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5.4.3. Division of house and land upon divorce


Related legal documents
  • Law on Marriage and Family 2000 ( Article 87)
  • Law on Marriage and Family 2000 ( Articles 98, 99)
  • Decree No. 70/2001/ND-CP (Articles 24, 25)
  • Decree No. 70/2001/ND-CP (Articles 28, 29, 30)

  • Main tasks and practical skills:

    • Right to divide a residential house (with respect to the house that can be divided) Article 98 Law on Marriage and Family.
    • Where only one party has the need and conditions to directly use the land, such party may continue to use the land (including agricultural land and land for planting annual plants) but must pay to the other party the portion of the land use right value the latter is entitled to (Item 2 Article 97 Law on Marriage and Family 2000).
    • b/ In cases where only one party has the demand and conditions to directly use the land (agricultural land for planting annual plants) but cannot pay the other party part of the land use right value the latter is entitled to, the latter shall have the right to transfer his/her land use right to a third party (point b item 1 Article 24 Decree No. 70/2001/ ND-CP).
    • Division of the right to use land leased by the State to the husband and/or wife (Article 25 Decree No. 70/2001/ND-CP).
    • Handling husband and wife’s interests upon their divorce regarding the house leased from the State. If only one party is willing to continue with the lease, this party has to pay the other party money being for the legal interest on the lease. (item 1 Article 28 Decree No. 70/2001/ND-CP).
    • Handling improvement and construction made during lease in case of private lease  (Item 4 Article 29 Decree No. 70/2001/ND-CP).
    • Handling the husbands and wife’s interests upon their divorce regarding houses under ownership of either party (Article 99 Law on Marriage and Family; Article 30 Decree No. 70/2001/ND-CP).