Guide to divorce procedures with foreigners in Vietnam. Currently, the trend of marrying foreigners is increasingly popular, whereby divorce with foreign elements occurs frequently. Divorce procedures with foreigners are prescribed in the Law on Marriage and Family 2014; and the Civil Procedure Code 2015 and guiding documents. Let us learn about this topic with LSX law firm as follow:
What is a divorce with foreign elements in Vietnam?
Article 127 of the Law on Marriage and Family 2014 stipulates that; divorce involving foreign elements includes specific cases such as:
– Firstly, divorce between Vietnamese citizens and foreigners;
– Secondly, divorce between foreigners who permanently reside in Vietnam when they so request.
In case the party being a Vietnamese citizen does not permanently reside in Vietnam at the time of requesting a divorce; the divorce shall be settled according to the law of the country where the husband and wife reside together; if they do not have a common place of permanent residence, the settlement shall be in accordance with Vietnamese law.
The settlement of foreign immovable property upon divorce; is subject to the laws of the country where such immovable property is located.
Competence to settle divorce with foreigners in Vietnam
According to Clause 3, Article 35 and Article 37 of the 2015 Civil Procedure Code; the jurisdiction to resolve a divorce involving the water element belongs to the People’s Court of the province.
In the special case specified in Clause 4, Article 35 of the 2015 Civil Procedure Code; if the divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the same area; In border areas with Vietnam, the jurisdiction belongs to the district-level People’s Courts.
Divorce documents with foreigners in Vietnam
Procedure for divorce with foreigners under Vietnam’s law
To perform a divorce with foreign elements, it is necessary to prepare divorce documents including:
– Firstly, application for divorce or Application for recognition of consent to divorce (according to the Court’s form).
– Secondly, the original of the marriage certificate (if any); in case the original marriage certificate is lost, a copy certified by a competent state agency must be submitted.
– Thirdly, identity card or Passport; Passport (certified copy).
– In addition, a copy of the child’s birth certificate (if there are children).
– Moreover, certified copies of vouchers and documents on property ownership (if there is a property dispute).
– Finally, documents proving that one party is abroad (if any)
Note: If both parties register their marriage under foreign law and want to get a divorce in Vietnam; The marriage registration certificate must be consularly valid; and the procedures for making notes in the register at the Department of Justice before filing for divorce at court.
Steps to carry out divorce proceedings in Vietnam
How long is the process of divorce with Vietnamese? Firstly submit a valid file for divorce at a competent court.
Secondly, within 7-15 days, the Court examines the file; if the dossier is complete and valid, the Court will send a notice of advance of the court fee.
Thirdly, pay the civil court cost advance at the competent Civil Judgment Enforcement Sub-department; and submit the court fee advance receipt to the Court.
Finally, the court opens a mediation session at court and conducts divorce proceedings at the Court according to first-instance procedures.
The time to settle a divorce case involving foreign elements is 4-6 months; from the date of acceptance according to the provisions of the 2015 Civil Procedure Code. According to the provisions of Resolution 326/2016/UBTVQH14; the court fee level first instance in the divorce case is 300,000 VND if there is no dispute over property; If there is a dispute over property, the court fee is determined according to the value of the property…
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Related questions
Unilateral divorce: About 4 to 6 months
Consensual divorce: About 2 to 4 months
The divorce process is lengthy because the disputes arising from the process of cohabitation are too many. For example, how is property divided? Who gains and loses? I don’t like this, you don’t like that, until the issue of dividing the children, and then the emotional problems are not completely over. This basically makes the divorce much more difficult.
Conclusion: So the above is Guide to divorce procedures with foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
