Divorce is the termination of the husband and wife relationship when the conflicts between husband and wife become serious, the common life cannot last, the marriage purpose is not achieved. The basic principle of the law on marriage and family is the principle of voluntary and progressive marriage, therefore, divorce must also be based on the above principle. The law prohibits all acts of fake divorce, coercion or deception that obstruct divorce. So about the matter “Divorce procedures for people living abroad under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- The Civil Procedure Code 2015
- Law on Marriage and Family 2014
Competence to settle divorce when spouse is abroad
When performing a divorce involving foreign elements, it is necessary to pay attention to the jurisdiction of the Court to accept the settlement. The court having jurisdiction is determined as follows:
Jurisdiction by Country
Vietnamese courts have jurisdiction to settle divorce cases involving foreign elements in which the plaintiff or defendant is a Vietnamese citizen or the involved parties are foreigners residing, doing business or living long-term in Vietnam. according to the provisions of Article 469 of the 2015 Civil Procedure Code.
The district-level People’s Courts of the localities where Vietnamese citizens reside are competent to settle divorces, disputes over rights and obligations of husband and wife, parents and children between Vietnamese citizens residing in border areas. border with citizens of neighboring countries residing in border areas with Vietnam in accordance with the provisions of this Code and other provisions of Vietnamese law.
Jurisdiction by Court level
Normally, the jurisdiction to settle divorce with water element belongs to the People’s Court of the province.
Jurisdiction of the Court by territory
In case of consent to divorce: Court of residence of spouse:
In case of unilateral divorce: Provincial People’s Court of the last place of residence in Vietnam before going abroad. If there is no specific address of the respondent, file it at the Court where you reside.
Dossier to proceed with divorce proceedings with a foreigner
When making a divorce with someone who is abroad, you need to prepare the following documents:
• A petition for divorce if you proceed with unilateral divorce proceedings; Application for recognition of divorce if you carry out the divorce procedure by consent (note: the divorce application form must be prepared according to the law or can be purchased at the Court);
• Marriage certificate (original) in case you don’t have the original you can ask for an extract at the People’s Committee where the marriage is registered;
• Identity card of husband and wife (notarized/certified copy);
• Household registration book of husband and wife (notarized/certified copy);
• Child’s birth certificate (notarized/certified copy);
• Proof of ownership and right to use common property of husband and wife (notarized/certified copy.
Note: If you do not have a copy of your spouse’s identity card or household registration book, you must go to the police station of the commune-level People’s Committee to confirm your identity as a demographic or living in that locality.
If the child’s birth certificate is not available, he must go to the People’s Committee of the place where the child’s birth was previously registered for an extract.
Divorce procedures for people living abroad under Vietnam law
To be able to ask the Court to settle the unilateral divorce with a foreigner, you need to do the following procedures:
Prepare profile
First in the unilateral divorce procedure, you must prepare the documents as mentioned above and submit them to the competent Court.
Submit documents to the competent court by the following methods:
• Filed directly at the Court;
• Send to the Court by postal service;
• Submit online electronically via the Court’s Portal (if any).
Note: If both parties register their marriage under foreign law and want to get a divorce in Vietnam, they must have a consular legalization of the marriage registration certificate and complete the procedures for noting it in the register at the Department of Justice before submitting the application. Apply for a divorce in court.
File a petition for unilateral divorce
Because the jurisdiction to settle marriage and family disputes involving foreign elements belongs to the People’s Court of the province where one party resides in Vietnam.
Therefore, if you are in Vietnam, you need to file a petition for unilateral divorce to the People’s Court of the province where you reside.
You must write the full name, address, nationality of your husband/wife abroad in the petition, enclosed with papers and documents certifying your spouse’s full name, address, and nationality.
In case the specific address of the other person in a foreign country is not known, the Court will still proceed with the settlement according to procedures.
Receipt and consideration of files and handling of cases
Court officials receive the application and the Chief Justice of the Court assigns a judge to consider the file.
The Court shall serve and notify the Court’s procedural documents and collect evidences abroad.
If the court is eligible to accept the case, the court must send a notice of acceptance of the case, clearly stating the time and place of opening the meeting to check the handover, access and disclosure of evidences and conciliation. hereinafter referred to as the conciliation session), reopening the conciliation meeting, opening the court session and reopening the court session in the written notice of acceptance of the case to the overseas involved parties.
Mediation in Court
During the trial preparation stage, the Judge assigned to handle the case considers the file, conducts the parties to hand over evidence, and carries out conciliation procedures.
In case husband and wife can reach agreement on the issues to be resolved in the divorce case, the court shall make a record of successful conciliation. After 07 days from the date of making the minutes of successful conciliation, if the husband and wife do not change their opinion about the agreement, the court shall issue a decision to recognize the uncontested divorce.
The decision on recognition of consensual divorce will take effect as soon as it is issued. The involved parties do not have the right to appeal the decision to recognize the consent of the divorce. Divorce proceedings end when this decision is made.
Court to adjudicate in the absence of overseas litigants
The court shall conduct trial in the absence of overseas involved parties in the following cases:
• The litigant has provided a complete statement; documents and evidences and the involved parties request the Court to try them in their absence.
• The Court has conducted a public listing in accordance with the Civil Procedure Code 2015.
• The court has not received a notice from the competent authority as prescribed in Clause 4, Article 477 of the Civil Procedure Code 2015 about the result of service delivery to the overseas involved parties.
After the divorce judgment is issued, the involved parties present in Vietnam have the right to appeal the judgment within 15 days; from the date of sentencing.
For the involved parties residing abroad who are not present at the Court sessions, the time limit for appealing against the judgments is 01 month; from the date the judgment is duly served or from the date the judgment is duly posted.
In case the Court conducts trial in the absence of a foreign involved party when it does not receive a notification from a competent agency about the service result to the overseas involved party, the time limit for appeal is 12 months from the date of judgment pronouncement.
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Please see more
- Appeal for divorce judgment under Vietnam law
- How long does it take to get a unilateral divorce in Vietnam?
- Regain custody of children after divorce under Vietnam law
Frequently asked questions
If the couple divorce by consent and one party is abroad, the Court shall apply simplified procedures to settle the divorce, according to which the foreigner does not have to return to Vietnam. People in Vietnam will carry out divorce procedures.
However, in case of consent to divorce, the Court will consider divorce settlement for a person who is abroad but he or she is not returning to Vietnam, if the following conditions are met:
• Both husband and wife agree to divorce and sign the divorce petition;
• The parties have reached an agreement on one party to raise and support the child in accordance with the conditions of the parties and ensure the interests of the child;
• The parties have agreed on common property and common debt (if any); or not request the Court to settle the property or request the Court to recognize the agreement of the parties on the common property issue.
If both husband and wife return to Vietnam, both have Vietnamese nationality, the divorce procedure will be the same as the normal divorce procedure, without foreign elements.
As a rule, you are still entitled to request a divorce from your husband/wife even if you cannot provide your spouse’s address abroad.
In case a Vietnamese residing in the country applies for a divorce from an overseas Vietnamese and can only provide the address of the defendant’s last residence in Vietnam, but cannot provide the address of the defendant abroad. If, through their relatives, they do not provide the defendant’s address and information to the Court as well as fail to comply with the Court’s request to notify the defendant in order to send testimonies to the Court, this is considered a case study. In case the defendant intentionally hides the address, refuses to declare, refuses to provide necessary documents.
If the Court has requested the second time, but their relatives also refuse to provide the respondent’s address and information to the Court as well as refuse to comply with the Court’s request to notify the respondent of the Court. The court brought the case to trial in the defendant’s absence according to the general procedure.
The law does not limit the right of husband and wife to request a divorce when one party is abroad.
If both parties agree to terminate the marriage relationship, the procedure for requesting recognition of consent for divorce can be carried out.
If a husband or wife commits acts of domestic violence or seriously violates the rights and obligations of husband and wife, causing the marriage to fall into serious condition, the common life cannot be prolonged, the purpose of the marriage is not achieved. If yes, then you have the right to request a divorce even though the other person is not currently in Vietnam according to the unilateral divorce procedure.
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