Family Law and Foreigners

The key issue is they did not understand Vietnamese law. Also, they have not consulted with law specilists in their transactions.

I think the wife and the husband will have 50% of properties when they devorce.

The foreigners need to seek opinions from lawyers in Vietnam (in private) before making significant investment, or spending money on properties especially the properties with registration of ownership like apartments, cars...Cheers, Jenny

MegaMettle wrote:

The Family Law of Vietnam is full of loopholes that many Vietnamese spouse (both man and woman) use it to take away from the foreigner all that the foreigner had worked for whilst in Vietnam.  It all stems from the law that foreigners are not allowed to own anything (in particularly properties, though now foreigners are allowed to set up company or businesses).

I know a recent case in Thao Dien Ward, District 2, HoChiMinh City, where the owner of JOYMAX Restaurant, Mr Chang, was chased out of the house, restaurant and business by his Vietnamese wife after working hard for 20 years building up the business.  Due to the laws in Vietnam, all the properties and businesses were registered under his wife's name.  They are now in the process of divorce but all things are not going Mr Chang's way as the wife claims everything is hers.  He is therefore left with nothing; no money, no house and no business.  The wife holds all the money and use the money to make things go her way.

One important document that had always been used by Vietnamese spouse to trick the foreigners is the document that states that the foreigner confirms that the spouse has the sole right to the property.  This document is used mainly for the bank when there is a mortgage so that in the event that the the borrower default on repayment, then the bank has the right to sell the property to recover its loan.  If this document is signed then, the bank need only confirmation from the Vietnamese spouse and do not need the foreigner to agree to sell the property for the bank to recover its loan.  But all Vietnamese spouse use this document in divorce cases to claim that the foreigner has no rights to the property.  Maybe the Vietnamese authorities should look at this loophole and try to come up with something so that the foreigners can be fairly treated and not be cheated by Vietnamese spouse using this loophole.

I know that there are many cases that happen along the same line where the foreigner totally lose everything.  If you did experience such situation or know people that had gone through such situation, please give your comments so that others can learn from it and learn how to deal with it.

In the U.S. people would go postal over this kind of 'unfairness'. However, isn't it the Vietnamese custom to have the wifey controlled finance aspect of the business?

I think you'll find regardless of who you are, it's a 50/50 split, i.e,  if it was his wife who had all the property BEFORE, she still has to pay him his 50%, that's one thing about VN, divorce and settlements are fairly straightforward.
He's being taken for a ride by a real nasty piece of work. ( She should be in politics ).
I've seen paperwork from when my wife was divorced from her husband, EVERYTHING was valued and some things she had to pay him 1/2 for, he was a lazy, parasite, luckily the land SHE had built their house on was still under title to her sister.

I know guys here who's wives have "apparently" gambled the house away.
It's all a con job.    The street scum mafia guys produce a document that she's signed stating the house is collateral to cover her gambling debts.

Some of these foreign guys have paid up  on threats of violence  and in effect have bought the house again.     He's gone to the police and they've simply told him " that's business" .  As it all pans out the cops are in on the deal and the dopey foreign guy is just the pidgeon.

I have a "working girl " friend here who has some really good stories on how these foreign guys get shaken down.   She's good value. ( no pun intended).

So the 50/50 split is taken off the table.   The savvy local lady has kept her cake and eaten it too. 😄

My informative source has also told me that the Mafia guys monitor the foreign weddings here and then approach the bride to set up the foreign guy for a sting.   Most of them know that she's only marrying an ageing fossil for money so why not stitch up a deal sooner rather than later. ....and then move onto another sucker.   

Gotta love em for their business sense.

As foreigners arent we supposed to accept things the way they are done here,it seems to be the answer you get from some expats on this site.As usual the police do nothing, too lazy and get their kickbacks from all the dishonest activities. Anyone ever wondered how the police used to bust drug dealers at Saigon airport even though they didnt have a drug detection unit,the main dealer was working with the cops,great system.

colinoscapee wrote:

As foreigners arent we supposed to accept things the way they are done here,it seems to be the answer you get from some expats on this site.As usual the police do nothing, too lazy and get their kickbacks from all the dishonest activities. Anyone ever wondered how the police used to bust drug dealers at Saigon airport even though they didnt have a drug detection unit,the main dealer was working with the cops,great system.

Ah yes, the sacrificial lambs, ( or chickens in VN's case? ), to appease the bosses  bosses. and make it look like they actually do their jobs occasionally?