Luật sư Nguyễn Hữu Phước

Which document is considered to be evidence under the Civil Proceedings Code? Evidence is an indispensable part of every divorce case to clarify the objective truth and to be the basis of proving the spouses’ requests are legitimate. One of the most common sources of evidence today is documents provided to the Court by the…

According to the applicable law, there is no specific provision regarding evidence in divorce cases. The law only refers to the source of evidence and the conditions which must be met to qualify them as evidence. Therefore, evidence related to a divorce case will also be applied under these provisions. Accordingly, the law classifies evidence…

According to the provisions of the Civil Proceedings Code 2015, any spouse, who makes a request in order to be considered and accepted by the Court, is obliged to prove that his or her request is grounded and lawful[3]. There are a few exceptions related to labour cases or consumer protection that employers or commodity…

Currently, the income from the division of common properties of the spouses as real estate upon divorce is agreed upon by the spouses or in accordance with the Court’s judgement. The income from the division of common poperty is entitled to personal income tax exemption according to the Law on Personal Income Tax and its…

The valuation of the common properties of the spouses during the divorce is based on the agreement which is firstly and reasonably unified upon by the spouses, based on the market price at the time of agreement and not aiming at avoiding any other obligations with third parties, including obligations to the State. If the…