Dividing digital assets upon divorce under Viet Nam’s Law on Digital Technology Industry 2025: Obstacles and recommendations

The Law on Digital Technology Industry 2025, effective from 1 January 2026, recognises digital assets as property under the Civil Code.However, the Law on Marriage and Family 2014 and its implementing instruments contain no specific rules on dividing digital assets upon divorce. Using doctrinal and systematic legal analysis, this article identifies three groups of obstacles: classifying digital assets as common or separate property, particularly where assets are commingled or appreciate in value; determining the valuation date and method for highly volatile assets; and choosing the method of division and ensuring enforcement where assets are controlled solely by access keys. The article recommends prioritising in-kind division of fungible assets, establishing a fallback valuation date , imposing a duty to disclose digital assets, and converting the obligation to transfer into a monetary obligation when the judgment debtor refuses to cooperate.