Vietnamese Law

Hi Jack. What is VR Visa ????  Sorry if I am missing something :-) I also have a Vietnamese Wife, and at the mo, we are juggling countries lol ! However we are in the process of searching for our retirement property. And my wife is adamant our property will be in my name. Tay can now own property in Vietnam. :-)

Regards

Mike

Hi Mike,

Vietnam VR Visa is a visa issued to people who come to visit their relatives in Vietnam or for other purposes. 

Jack

Hi Jack,,

To be blunt, ...I wouldn't have high hopes of  seeing much of the sale proceeds.   

I've seen similar cases in divorces, family deaths etc ,,where VN relatives have produced mortgage documents, loan agreements from leg breakers ALL claiming to be owed money from the VN spouse involved.
    I actually know a dopey schmuck  here that has paid for the house he's already bought ,,twice over because of “alledged” gambling debts by the wife.   Every ones “in” on the scam, police, lawyers ,relatives etc. 

The loan “documents”......Good luck proving they are concocted. 😆

You've got to understand in this country your dealing with people who's sense of common courtesy & decency  along with civic duty and responsibility is maybe not what you'd expect.

If for some reason your counting on that money for your own future financial support .......you could be in for some disappointment , so be prepared for that possibility.

Good luck

My suggestion is that you be as nice as possible to your step-sons.

Good idea thigv 🤓

Jack.......does she look sick??   Or are you thinking of bumping her off for the cash😆

Those step sons,,,you'll have plenty of time at the funeral to develop a “bond” with them.    Funerals here usually last 4 days.    If it's a foreign husband ,,they'll come from far & wide for the chow down & piss up on your dime $$$.

You'll definitely be the elephant in the room.    They'll all be smelling cash from the house & see you as the only stumbling block to that pot of gold......and watching you .

Better hope she hasn't taken out a life insurance policy on your ass🤪

It'll be raining cash . 

Sleep well mate.

Hi Yogi,

It has nothing to do with my wife. We already married for 20 years and she's still healthy.

We live in Vietnam now for about a year and I was just wondering what will happen to our house when she dies.

Would it be better If the house is on my name?

Jack

Jackcoooke wrote:

I am married to a Vietnamese woman. We have a house which is in her name. She has two children from a previous marriage.

My question is:

I  have a VR visa and can not have ownership in my name, according to the police here.

Because I can not have property in Vietnam, what happens to the house when my wife dies? Can I sell it myself?

Do her 2 sons, who do not live with us, have the right to a share of the sale price as an inheritance?

Jack you might want to go through this and see if it answers some of your question:

http://www.moj.gov.vn/vbpq/en/lists/vn% … itemid=373   


                                              Here's a few extracts from it:

                                                         EXTRACTS 

                                        " THE MARRIAGE AND FAMILY LAW
                                        (No. 22/2000/QH10 of June 9, 2000)
Article 7. Application of the marriage and family legislation to the marriage and family relations involving foreign elements
1. The provisions of the marriage and family legislation of the Socialist Republic of Vietnam shall be applicable to the marriage and family relations involving foreign elements, except otherwise provided for by this Law.
2. Where an international agreement which the Socialist Republic of Vietnam has signed or acceded to contains provisions different from this Lawrsquo;s provisions, the provisions of such international agreement shall apply.
14. Marriage and family relations involving foreign elements are marriage and family relations between:
a/ Vietnamese citizens and foreigners;
b/ Foreigners permanently residing in Vietnam;
c/ Vietnamese citizens but the bases for establishing, changing or terminating such relations are governed by the law of a foreign country or the property related to such relations is located abroad.
                                                                           Chapter III
RELATIONSHIP BETWEEN HUSBAND AND WIFE
Article 27. Common property of husband and wife
1. Common property of husband and wife includes property created by husband and wife, incomes generated from labor, production and business activities and other lawful incomes of husband and wife during the marriage period; property jointly inherited or given to both, and other property agreed upon by husband and wife as common property.
The land use right obtained by husband and wife after their marriage is their common property. The land use right obtained before the marriage or personally inherited by husband or wife shall be common property only if so agreed upon by husband and wife.
Article 31. Husband and wife's right to inherit each other's property
1. Husband and wife have the right to inherit each other's property according to the provisions of the inheritance legislation.
2. When the wife or husband dies or is declared dead by the Court, the living partner shall manage their common property, except for cases where another person is designated in the testament to manage the heritage or the heirs agree to designate another person to manage the heritage.
3. Where there is a request to divide the heritage but the division of heritage shall seriously affect the life of the living spouse and the family, the living spouse may request the Court to determine the heritage portions to be enjoyed by the heirs but delay the heritage division for a certain period of time; past the time limit determined by the Court or if the living partner has married another person, the other heirs may request the Court to permit the division of the heritage.
Common property of husband and wife falls under common ownership by integration.
2. Where a property under the common ownership of husband and wife is required by law to be registered for ownership, the names of both husband and wife must be inscribed in the ownership certificate thereof.
3. Where there is no evidence proving that a property being in dispute between husband and wife is his/her personal property, such property is common property."

There is also a newer Version of this dated around 2014, but I can't find it right now


Another note, the local police have nothing to do with the Pink book (Land & House ownership documents). The family book yes, because that show Vietnamese residency and  your name as a Non-Vietnamese   isn't allowed nor needed on it. In less she enters your name in the block as some one to notify in the case of emergency. I'm sure your wife knows the difference.

Rick

Grrrr....
Is there a “will”.?    Are you the sole beneficiary ? 
Who witnessed the Will ?
How long ago was it done?
What if someone turns up another more recent Will,,,,  and Jack is not mentioned.  You may be just left with the funeral account.
Are you on good terms with the step sons.   Are they of good character?   Do they drink & play cards, do they owe money?


Contested Wills are very good business for lawyers in any country,

I'm not a lawyer but deceased estate law here would be your best start to all this,,,along with trying to get the Property into at least JOINT NAMES.   THATS THE PRIORITY other than your own name solely. She'd maybe not like that.

Lots of things to consider.
Was the house purchased AFTER you married.

Is the marriage LEGAL.  (I'm assuming it is )   A lot are not.....ie , a guy here married a wealthy VN woman.  I know both parties.  The girls family owns several high value properties.   The foreign guy doesn't have a pot to piss in.

The girls mother thinks he's a sex tourist , lazy scum bag.....that's a pretty close assessment.   I went to the “wedding”.   I know the VN mother well, the marriage license & papers were NOT signed correctly ON PURPOSE.   Mama does not want to see a blue eyed scum bag have ANY right of claim on the family assets in the event of death or divorce or whatever.    Technically , they are legally just friends. 

When the dust settles......
It's not about you or your wife, regardless of the 20 years.   

It's about how much money $$ ,  those two step sons OR whoever else VN are prepared to let you have....who wants to cut you a slice of what they can EASILY  distort into their favour.  Bloods thicker than water here.

At the end of the day.....it will be ALL about MONEY.    You as a foreigner don't have the legal rights of a local.    Your fate will be in the paperwork & how that stacks up in your favour.

About the Will.  You haven't mentioned it. 
If you are the executor , you would know what the asset carve up will be, and maybe wouldn't be here on this blog.

What if the step sons are the executors......😳
Faaaark.

Are you a drinker.....I'd get myself a good bottle of Chivas Regal , a couple of joints and a good hooker......and then think about what you could have done with that money.

Ah, the subtle cruelty @ Yogi...

But then, better a bitter truth than a sweet lie

( lying in bed is invalid here )     

Ya sick Bazza.😳😳
That's no good.    How are the sponge baths going🤪

Jack will be alright while ever the wife is on the top side of the grass.   Nothing to worry about until she goes “toes up”.

I posted some extracts from the law I quoted for what it's worth. Enforcement, as we all know is a whole different matter, Right Yogi?
Rick

WELL SAID sIR !!

EXCELLENT SUMMARY !

The point was was trying to make on execution of the law is well described in this article:

https://tuoitrenews.vn/news/society/201 … 46367.html

Rick

Hey Budman... good article. 
25 years to settle a property dispute ,,and still not officially concluded.

I've read that 75% of court matters in Vietnam involve property disputes between families & neighbours.

It's the age old theory in these countries.....Only spend what you can afford to lose.    We are only visitors, we don't hold citizenship and the rights that locals have.

A mate here had a protracted legal bunfight over property.    He had ALL bases covered & everything in his favour.......except the colour of his eyes.    The local dude got the decision.

After the case finished he approached the Court official and asked WTF happened.     He was told “ you should have known better than to do business with these people”   .

Unless your a Multi National using “other people's money” your on thin ice here.

"Unless your a Multi National using “other people's money” you're on thin ice here"

   ..and yet again, Yogi nails it...     

Have known a few BIG players “ Bong Lai Dragon Resort” in Da Nang who have also come unstuck to tune of multi millions.. Vn Bankers got jail..they got wxpelled for exposing it !
Risk what you can lose...period.
Having said that ..know LOTS OF  Westerners cleaned out by dodgy finance companies/ pyramid schemes.. they are just as broke as victims in Vn !! Just saying.