Competence to settle divorce with foreigners in Vietnam. Notes on divorce with foreign elements in Vietnam. Let us learn about this topic with LSX law firm as follow:
Competence to settle divorce with foreigners in Vietnam
Pursuant to Article 127 of the 2014 Law on Marriage and Family stipulates:
Divorce between Vietnamese citizens and foreigners; and between foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
In case the party is a Vietnamese citizen; who 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 according to Vietnamese law.
The settlement of foreign immovable property upon divorce; is subject to the laws of the country where such immovable property is located.
According to Articles 469 and 470 of the 2015 Civil Procedure Code; the competence to settle divorces involving foreign elements belongs to the People’s Courts of the province.
In special cases provisions in Clause 4, Article 35 of the Civil Procedure Code 2015; if the divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the border area with Vietnam then the jurisdiction belongs to the district-level People’s Court.
Thus, the jurisdiction to settle a divorce involving foreign elements includes:
For the case where the husband and wife permanently reside in a foreign country; but do not permanently reside in Vietnam: The competent authority is the divorce agency in the host country.
In the remaining cases, this jurisdiction belongs to the People’s Court of the province. Procedures for Foreigners Divorce in Vietnam.
Notes on divorce with foreigners in Vietnam
Divorce With Foreign Elements in Vietnam. Divorce involving foreign elements; including cases where the involved parties are overseas and the case of overseas assets; are specified in Article 33 of the Civil Procedure Code and guided in Article 7 of Resolution 03/2012/NQ. – City Council:
Foreign parties include:
Firstly, the involved parties are foreigners who do not reside, do business; study or work in Vietnam and are present or not present in Vietnam at the time the Court accepts the civil case;
Secondly, the involved parties are Vietnamese residing, doing business; studying or working abroad and are present or not present in Vietnam at the time the Court accepts the civil case;
Thirdly, the involved parties are foreigners who reside, do business; study or work in Vietnam but are not present in Vietnam at the time the Court accepts the civil case;
Fourthly, the involved parties are Vietnamese who reside, do business; study or work in Vietnam but are not present in Vietnam at the time the Court accepts the civil case;
Agencies and organizations, regardless of being foreign agencies or organizations; or a Vietnamese agency or organization that does not have a head office, branch or representative office in Vietnam at the time the Court accepts the civil case.
Overseas assets
Overseas property is property determined according to the provisions of the 2005 Civil Code and located outside the territorial borders of the Socialist Republic of Vietnam at the time the court accepts the civil case.
Order and procedures for divorce with foreigners in Vietnam
Firstly, file a lawsuit about divorce at the competent People’s Court
Secondly, after receiving the lawsuit petition and valid documents; the Court will issue a notice to pay the court fee advance;
Next, pay the first-instance civil court cost advance at the district judgment enforcement Sub-department and return the court fee advance receipt to the Court;
Finally, the court accepts the case, proceeds to settle the case according to general procedures and issues a judgment or decision to settle the case.
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Related questions
Article 127 of the Law on Marriage and Family 2014 stipulates that divorce involving foreign elements includes the following specific cases:
Divorce between Vietnamese citizens and foreigners;
Divorce between foreigners who permanently reside in Vietnam when they so request.
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