Question

My parents have separately given me a car. Is such car my separate property during the marriage period ? Law office in Danang, Vietnam advise about property separately given to husband or wife during marriage period ?

Answer

Car separately given to a spouse during the marriage period ?

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 (Clause 1 Article 33 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014).

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 (Clause 1 Article 43 Law on Marriage and Family No. 52/2014/QH13 dated June 19, 2014)./.

Contact us: 

Phone: 0914 165 703 

Email: dmslawfirm@gmail.com

DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son

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Law on Marriage and Family in Vietnam No. 52/2014/QH13 dated June 19, 2014, took effect on January 01, 2015 (replaced the Law on Marriage and Family No. 22/2000/QH10 dated June 09, 2000).

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