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DangKhoi

Dossier to apply for Vietnamese citizenship for foreigners
Legal knowledge

Dossier to apply for Vietnamese citizenship for foreigners

by DangKhoi
written by DangKhoi

Getting Vietnamese citizenship means the Socialist Republic of Vietnam considers you as a Vietnamese citizen. They will enjoy the rights and obligations of Vietnamese law. What is the Dossier to apply for Vietnamese citizenship for foreigners? Let’s find out in this article with LSX Law firm.

  • Law on Vietnamese Nationality 2008.
  • Decree 16/2020/ND-CP.

So, Nationality is the legal relationship between an individual and a sovereign state. If a person has the nationality of a country, then that person is a citizen of that country. So, the current law on nationality has specific provisions on conditions and procedures for how to get Vietnamese citizenship for foreigners. However, if you still have problems with this issue, you can contact us for assistance.

Also, We can understand in a basic way that: nationality is attached to a person from the moment he or she is born, except in some cases where for certain reasons there may be a change of nationality.

Basic rights and obligations of citizens

So, to define the basic rights and obligations of citizens, we first must determine nationality. If rights and obligations are the central provisions of the Constitutional Law on the legal status of citizens; nationality is a pre-conditional and decisive institution. Only on the basis that an individual’s nationality has been determined can their citizenship rights and obligations be clearly and fully determined. Because not everyone who lives on the territory of a country is also a citizen of that state. Between citizens and non-citizens of the state; There are fundamental differences in rights and obligations.

Dossier to apply for Vietnamese citizenship for foreigners

So, Some papers in the application file for naturalization of Vietnam specified in Clause 1, Article 20 of the Law on Nationality 2008, and Article 10 of Decree 16/2020/ND-CP, include:

– An application for Vietnamese citizenship for foreigners in Vietnam;

– Other papers that are valid to replace Birth Certificate, Passport for stateless people applying for Vietnamese citizenship are papers with information about their full name, date of birth, affixed with that person’s photo and closed with the seal of the competent authority or passport, papers with international travel value;

– Curriculum Vitae;

– A judicial record card issued by a competent Vietnamese agency for the time the applicant for Vietnamese citizenship for foreigners in Vietnam; m, a criminal record card issued by a competent foreign agency for the time the applicant resides in Vietnam. the time the applicant for Vietnamese citizenship resides abroad. Judicial record cards must be issued within 90 days from the date of filing;

– Papers proving that the applicant’s Vietnamese language proficiency is a copy of his/her diploma or certificate to prove that he or she has studied in Vietnamese in Vietnam;

– Copy of Permanent Residence Card: A person applying for Vietnamese citizenship must have lived and worked in the Vietnamese territory for 5 years or more by the time of applying for Vietnamese citizenship for foreigners;

– Ability to secure life in Vietnam: documents proving property ownership; certificate of salary or income, issued by the agency or organization where the person works; tax authority’s certification of taxable income; documents proving the guarantee of organizations or individuals in Vietnam.

Finally, hope this article is useful for you to know more about: Dossier to apply for Vietnamese citizenship for foreigners. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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Can foreign workers have 2 work permits at the same time in Vietnam?
Legal knowledge

Why apply for a work permit in Vietnam for foreigners?

by DangKhoi
written by DangKhoi

Work permits are usually a must-have for foreigners working in Vietnam, But Why? Why apply for a work permit in Vietnam for foreigners? Let’s find out with LSX Law firm

Legal Ground

  • Labor Code 2019
  • Decree 152/2020/ND – CP

What is a work permit?

A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.

Why apply for a work permit in Vietnam for foreigners?

Many workers ask the question: “Why apply for a work permit in Vietnam for foreigners?”. In essence, a work permit is a tool to manage the number of foreign workers in Vietnam. One of the conditions for accepting foreign workers in Vietnam is that they are not criminals in foreign countries and Vietnam.

Therefore, carefully reviewing the application file before approving the license also helps to protect national security and social order.

Because of the importance of controlling foreign workers, the 2012 Labor Code contains provisions regulating foreign workers in Vietnam. Accordingly, if foreign workers do not have a work permit, the government can expel them. Agencies that receive foreign workers without a work permit will be fined.

Cases where work permits are not granted in Vietnam for foreigners

Foreign workers are excused from work permits in the following cases:

  • Owners or capital contributors of limited liability companies with capital contribution values ​​according to Government regulations.
  • The Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company has the value of capital contribution as prescribed by the Government.
  • Head of representative office, project or main responsibility for activities of international organizations, foreign non-governmental organizations in Vietnam.
  • Enter Vietnam with a term of less than 3 months to make a service offering.
  • Work permits are not necessary in Vietnam for foreigners Entering Vietnam for a period of less than 3 months to handle problems; technical situations, complicated technologies that affect or threaten to affect production and business that Vietnamese experts and experts in Vietnam have to deal with. Foreign countries currently in Vietnam cannot handle it.
  • Foreign lawyers who have a license to practice law in Vietnam in accordance with the Law on Lawyers.
  • The case according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
  • Foreigners who marry Vietnamese and live in Vietnamese territory.
  • Other cases as prescribed by the Government.

Finally, hope this article is useful for you to know more about: Why apply for a work permit in Vietnam for foreigners? If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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Do foreigners need a work permit in Vietnam?
Legal knowledge

How long does a work permit last in Vietnam for foreigners?

by DangKhoi
written by DangKhoi

Have you ever wondered how long does a work permit last in Vietnam for foreigners? Let’s find out in this article with LSX Law firm!

Legal Ground

  • Labor Code 2019
  • Decree 152/2020/ND – CP

What is a work permit?

A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.

How long does a work permit last in Vietnam for foreigners?

Pursuant to Article 155 of the Labor Code 2019:

“The maximum term of a work permit is 2 years, in case of extension; it can only lengthen once for a maximum period of 2 years.”

Pursuant to Article 10 of Decree 152/2020 ND-CP; the term of a work permit depends on the following cases but must not exceed 02 years:

  • The term of the labor contract expected to be signed concluded.
  • Terms of the foreign party sending foreign workers to work in Vietnam.
  • The duration of the contract or agreement signed between the Vietnamese and foreign partners.
  • The duration of the contract or service provision agreement signed between the Vietnamese and foreign partners.
  • The time limit is stated in the document of the service provider sending foreign workers into Vietnam to negotiate service provision.
  • The term has been determined in the operation license of the agency, organization or enterprise.
  • The time limit in the document of the service provider sending the foreign worker to Vietnam to establish the commercial presence of that service provider.
  • And, The time limit in the document proves that the foreign worker can participate in the operation of a foreign enterprise that has established a commercial presence in Vietnam.
  • The time limit in the written approval to employ foreign workers, except for the case where a report explaining the need to employ foreign workers is not necessary as prescribed at Point b, Clause 1, Article 4 of this Decree.

What is the extendable time of the work permit in Vietnam for foreigners?

Pursuant to Article 15 of Decree 152/2020 ND-CP, the duration of a work permit is extendable:

The term of a re-issued work permit is equal to the term of the issued work permit minus the time the foreign worker has worked up to the time of application for re-issuance of the work permit.

How long is the work permit extension?

This is a new point of the Labor Law 2019 when before there was no extension procedure and no limit on the number of re-issuance due to expiration, now according to Article 19 of Decree 152/2020 guiding the Labor Law 2019: Term of the certificate The work permit is according to the term of the issued work permit but can only lengthen once with a maximum term of 2 years.

Dossier of application for a work permit

  • An application for a work permit from the employer in accordance with the regulations of the Ministry of Labor, War Invalids and Social Affairs (Form No. 11 issued together with Decree No. 152 /2020/TT-BLDTBXH);
  • A health certificate or medical examination certificate that is legit for 12 months (No. 143/KCB-PHCN&GD dated February 5, 2015 of the Department of Medical Examination and Treatment – Ministry of Health promulgating a list of facilities eligible for medical examination with foreign elements according to Circular No. 14/2013/TT-BYT ) A
  • valid judicial record card or certification that the foreign worker is not a criminal ; or is examined for penal liability, which is still valid from a foreign country. In case the foreign worker has been in Vietnam, a criminal record certificate issued by Vietnam is necessary;
  • Documents proving that you are a manager, executive director, expert or technical worker (if any);
  • Certified copy of passport or valid document in lieu of a valid passport;
  • Documents related to foreign workers (for example, documents of foreign enterprises sent to work; contracts and agreements signed between Vietnamese and foreign partners…);
  • Dossier of application for a work permit for some special cases (specified in Clause 9 Article 09 of Decree 152/2020 ND-CP).

The above documents include 01 certified true copy and submitted with the original for comparison. If it is a foreign language, then you must translate it into Vietnamese.

Finally, hope this article is useful for you to know more about: How long does a work permit last in Vietnam for foreigners? If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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The process of applying for a work permit in Vietnam for foreigners
Legal knowledge

The process of applying for a work permit in Vietnam for foreigners

by DangKhoi
written by DangKhoi

So, what is the process of applying for a work permit in Vietnam for foreigners? Well, Let’s find out in this article with LSX Law firm.

Legal Ground

  • Labor Code 2019
  • Decree 152/2020/ND – CP

What is a work permit?

A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.

Under what circumstances are foreigners eligible for a work permit in Vietnam?

Foreigners who are 18 years of age or older; have full civil act capacity; a university degree; professional qualifications; work experience; and are healthy are the conditions for granting a work permit in Vietnam.

  • Being 18 years or older and having full civil act capacity;
  • Having professional qualifications, techniques, skills and working experience; be healthy as prescribed by the Minister of Health;
  • Not being a person who is currently serving a sentence; or has not yet had his/her criminal record cleared; or being examined for penal liability in accordance with foreign or Vietnamese laws;
  • Have a work permit issued by a competent Vietnamese state agency, except for the case specified in Article 154 of the 2019 Labor Code. 

The process of applying for a work permit in Vietnam for foreigners

Step 1: Apply for approval of the need to use foreign workers.

At least 30 days before the expected date of employment of foreign workers, the employer (except for contractors) shall send a report explaining the need to employ foreign workers to the Ministry of Labor and War Invalids. and Social Affairs or the Chairman of the Provincial People’s Committee.

According to the new regulations from Circular 23/2017/TT-BLĐTBXH effective from October 2, 2017, employers can also submit this declaration and report through the local web portal. only http://dvc.vieclamvietnam.gov.vn. The procedure is as follows:

  • The employer registers an account at the above-mentioned web portal and submits the application file using the established account, within at least 20 days before the expected date of employment of the foreign worker. ;
  • Then, Within 12 days from the date of receipt of the valid declaration and report explaining the need for foreign workers, the approval agency will send the results via email to the employer. So, If the submitted dossier is not valid, the approving agency will issue a notice of correction;
  • So, After obtaining the approval to use foreign workers, the employer directly submits or mails the original documents to the approval agency. Then, Within 08 hours, the agency receives the original dossier, the approving agency will return the original approval result to the employer

Step 2: Submit application for applying for a work permit in Vietnam for foreigners

At least 15 working days from the date the foreign worker is expected to start working for the employer; the employer must submit an application file for a work permit to the Department of Labor; War Invalids; and Social Affairs where the foreign worker is expected to work. Within 05 working days from the day on which the complete application for a work permit is received, the Department of Labor, War Invalids and Social Affairs shall issue a work permit to the foreign worker using the form provided by the Ministry of Labor – Invalids and Social Affairs regulated and issued uniformly. In case of refusal to issue a work permit, a written reply clearly stating the reason.

Finally, hope this article is useful for you to know more about: The process of applying for a work permit in Vietnam for foreigners. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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Cases where work permits are not granted
Legal knowledge

Cases where work permits are not granted

by DangKhoi
written by DangKhoi

So currently, the demand to go abroad for labor is increasing. Many people wonder why they are not eligible for a work permit. Let’s find out with LSX Law firm The cases where work permits are not granted in accordance with the current law!

Legal Ground

  • Labor Code 2019
  • Decree 152/2020/ND – CP

What is a work permit?

A work permit (work permit for foreigners working in Vietnam) is a type of document foreign workers get when they meet certain conditions under the provisions of law.

Cases where work permits are not granted

Foreign workers are not eligible for work permits in the following cases:

  • Owners or capital contributors of limited liability companies with capital contribution values ​​according to Government regulations.
  • The Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company has the value of capital contribution as prescribed by the Government.
  • Head of representative office, project or main responsibility for activities of international organizations, foreign non-governmental organizations in Vietnam.
  • Enter Vietnam with a term of less than 3 months to make a service offering.
  • Entering Vietnam for a period of less than 3 months to handle problems, technical situations, complicated technologies that affect or threaten to affect production and business that Vietnamese experts and experts in Vietnam have to deal with. Foreign countries currently in Vietnam cannot handle it.
  • Foreign lawyers who have a license to practice law in Vietnam in accordance with the Law on Lawyers.
  • The case according to the provisions of international treaties to which the Socialist Republic of Vietnam is a contracting party.
  • Foreigners who marry Vietnamese and live in Vietnamese territory.
  • Other cases as prescribed by the Government.

Other cases where work permits are not granted

Besides the cases specified in Clause 3; 4; 5; 6; 7 and 8 Article 154 of the Labor Code; Foreign workers are not subject to be granted work permits in cases According to Article 7 of Decree 152/2020/ND-CP:

  • Owner or capital contributor of a limited liability company with a capital contribution value of VND 3 billion or more.
  • Chairman of the Board of Directors or a member of the Board of Directors of a joint-stock company with a capital contribution value of 3 billion VND or more.
  • When Moving within the enterprise, within the scope of 11 service industries in Vietnam’s service commitment schedule with the World Trade Organization, include: business, information, construct, distribution, education, environment, finance, medican, travel, entertainment and transport.
  • When Entering Vietnam to provide professional and technical consulting services, or perform other tasks in service of research, construct, expertise, monitoring evaluation, program management and implementation, projects using official development assistance (ODA) as prescribed, or agreements in international treaties on ODA signed between competent authorities of Vietnam and foreign countries;
  • Licensed by the Ministry of Foreign Affairs to operate information and press in Vietnam in accordance with the law.
  • When Sent by competent foreign organizations to Vietnam to teach; study at an international school under the management of a foreign diplomatic mission or the United Nations; establishments and organizations established under agreements that Vietnam has signed or joined.

Other cases where work permits are not granted

  • When Volunteering specified in Clause 2, Article 3 of this Decree.
  • Entering Vietnam to work as a manager; managing director; experts or technical workers with less than 30 days and no more than 03 times in 01 year.
  • When Entering Vietnam to implement international agreements that the agency, organizations at the central and provincial levels to sign in accordance with law.
  • Students studying at schools; overseas training institutions that have agreements on internships in agencies and organizations; enterprises in Vietnam; trainees and trainees on Vietnamese ships.
  • Relatives of members of foreign representative missions in Vietnam; specified at Point l, Clause 1, Article 2 of this Decree.
  • Have an official passport to work for a state agency; political organizations; social and political organizations.
  • Person responsible for establishing a commercial presence.
  • When Being certified by the Ministry of Education and Training as a foreign worker entering Vietnam to teach; research.

Finally, hope this article is useful for you to know more about: Cases where work permits are not granted. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Frequently Asked Questions

So, How long is the term of a work permit?

The maximum term of a work permit is 2 years, you can extend it once for a maximum of another 2 years.

So, Which agency is competent to issue work permits?

So, According to current regulations, the authority to issue work permits for foreign workers in Vietnam belongs to the Department of Labor, War Invalids and Social Affairs, some cases belong to the Ministry of Labor, War Invalids and Social Affairs

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What should foreigners pay attention to when buying a house in Vietnam?
Legal knowledge

What should foreigners pay attention to when buying a house in Vietnam?

by DangKhoi
written by DangKhoi

Although the law stipulates that foreigners are can’t buy real estate in Vietnam; however, they can still own houses but must follow legal procedures. So what should foreigners pay attention to when buying a house in Vietnam? Let’s find out in this article with LSX Law firm.

Legal Ground

  • Housing Law 2014

Conditions for foreigners buying a house in Vietnam

Although the Law on Housing 2014 stipulates that foreigners can’t buy real estate in Vietnam; however, they can still own houses in Vietnam but must follow legal procedures.

Specifically, according to the provisions of Clause 1, Article 159 of the Law on Housing 2014; Foreign individuals are allowed to own houses in Vietnam, including:

+ Foreign individuals investing in the construction of houses under projects in Vietnam in accordance with the law.

+ And, Foreign individuals are allowed to enter Vietnam.

Conditions for foreigners to own houses in Vietnam

+ For foreigners investing in the construction of houses under projects in Vietnam; they must have an Investment Certificate, and have houses built in the project according to the provisions of law.

+ For foreign individuals who are allowed to enter Vietnam; they must be allowed to enter Vietnam and not be entitled to preferential rights; diplomatic and consular immunity as prescribed by law.

Forms of homeownership by foreigners in Vietnam

+ Investment in housing construction under projects in Vietnam in accordance with this Law and relevant laws.

+ Buy, rent-purchase, receive as a gift, or inherit commercial housing; including apartments and separate houses in housing construction investment projects, except for areas ensuring national defense and security as prescribed by the Government.

What should foreigners pay attention to when buying a house in Vietnam?

Foreigners have the same rights as house owners as Vietnamese citizens, but must comply with the following regulations:

+ They may only buy, rent-purchase, receive as gifts, receive an inheritance and own no more than 30% of the number of apartments in an apartment building. If it is a separate house, including villas, townhouses; in an area with a population equivalent to a ward-level administrative unit; they may only buy, rent-purchase, receive as gifts, inherit and own no more than two hundred and fifty houses.

The case in an area with a population equivalent to a ward-level administrative unit; where there are many apartment buildings or for individual houses on a street; the government shall specify the number of apartments, the number of individual houses that foreign organizations and individuals may buy, rent-purchase, receive as gifts, inherit and own;

+ In case of being gifted or inherited a house that they can’t own; or exceeds the prescribed number of houses; they may only enjoy the value of the house there.

+ For foreign individuals, they are can own houses upon contracts of purchase, sale, lease-purchase, donation, or inheritance, but for a maximum of 50 years.

In case a foreign individual marries a Vietnamese citizen; or marries a Vietnamese residing abroad; they are able to buying a stable and long-term house in Vietnam and have the same rights as homeowners as Vietnamese citizens.

+ For foreign organizations, they are can own houses as agreed upon in contracts for purchase, sale, lease-purchase, donation, or inheritance of houses; but not exceeding the time limit stated in the Investment Certificate issued to that organization; including extended periods.

+ Before the expiration of the house ownership period, the owner can donate; or sell this house to subjects eligible to own houses in Vietnam; if the time limit for house ownership expires, the owner does not sell or donate it; the state will take it.

Finally, hope this article is useful for you to know more about: What should foreigners pay attention to when buying a house in Vietnam? If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

Frequently Asked Questions

What is Housing?

Housing is a building built for the purpose of living and serving the daily needs of households and individuals.

What is private housing?

A separate house means a house built on a separate residential plot of land under the lawful use right of an organization, household, or individual, including villas, adjacent houses, and independent houses.

What is an apartment building?

An apartment building is a house with 2 floors or more, with many apartments, with common walkways and stairs, with private ownership, shared ownership, and a system of infrastructure work for common use by households. , individuals and organizations, including apartment buildings built for residential purposes and condominiums built with mixed-use purposes for residential and business purposes.

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Unilateral divorce service for foreigners with Vietnamese people
Legal service

Fast Divorce service with Vietnamese people

by DangKhoi
written by DangKhoi

A Foreigner getting a divorce with a Vietnamese is not a new thing. LSX would like to introduce our Fast Divorce service with Vietnamese people to support customers in need. Let’s find out in this article with LSX Law firm.

WITH US DIVORCE IS FAST

LSX is the leading fast divorce service provider in Vietnam. With our knowledge and experience, our services will surely make even the most demanding customers satisfied.

It must be frankly admitted that a divorce with foreign elements is always much more complicated than divorce when two people have the same Vietnamese nationality. 

The file for divorce with Vietnamese people includes:

  • Divorce application;
  • Marriage registration certificate;
  • ID card and household registration;
  • Birth certificates of children;
  • Other documents and evidence evidencing common property such as: GCNQSDĐ (red book); Vehicle registration; Passbook etc.

For divorce proceedings with foreign elements, the jurisdiction to settle the case will belong to the court 1 level higher than usual (here is the People’s Court of the Province, City). The specific steps to carry out divorce procedures with Vietnamese are as follows:

  • Step 1: Submit a petition for divorce at a competent People’s Court;
  • Then, Step 2: Pay the court fee advance
  • Step 3: Submit the court fee receipt and follow the notice of the people’s court

Surely you are paying great attention to the time it takes to settle a divorce case. As complicated as this, the settlement time will depend on many factors:

  • Lasts from 4 to 24 months, depending on each specific case
  • One thing to note, that is different from a divorce with a Vietnamese person. Normally, a divorce with a foreigner will be in a court 1 level higher, usually the Court of the province/city directly under the central government. It is
  • easy to see that the procedures and documents are very complicated, if you do it yourself. It will take time and effort. Especially once the divorce, you are in the mood x, disheveled, will certainly significantly affected the life and your spirit

Fast Divorce service with Vietnamese people

What can LSX Law Firm offer you?

  • To have the information and overview, the lawyer will be the one willing to listen, share and sympathize with your divorce decision. At the same time can provide all legal knowledge about the case to help you answer all relevant legal questions;
  • Next, the lawyer will consult and evaluate the grounds for determining the marital status and the conditions for divorce for your case 
  • The lawyer will proceed to draft the divorce file in the most complete, most rigorous way, best suited to your situation, based on the facts and information you provide;
  • The lawyer will contact the Court on your behalf to perform the tasks of handing over documents, communicating with the court, guiding you to work and accompanying you in mediation sessions.

Why use LSX’s Fast Divorce service with Vietnamese people?

  • Save a lot of time and effort with the Fast Divorce Service for foreigners, reduce dozens of “visits” to the court, even even diplomatic missions and countless troublesome procedures;
  • No longer being scrutinized with private questions about marital status, causes of conflicts, and so on.
  • For us, divorce is quick and easy because in fact, in this relationship, feelings are no longer unique. Your interests should and should be put first.

Finally, hope this article is useful for you to know more about: Fast Divorce service with Vietnamese people. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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consensual divorce with Vietnamese people
Legal knowledge

Procedures for consensual divorce with Vietnamese people

by DangKhoi
written by DangKhoi

So, How are the latest procedures for consensual divorce with Vietnamese people done? Let’s find out in this article with LSX Law firm.

  • Law on Marriage and Family 2014;
  • Civil Procedure Code 2015

What is a consensual divorce?

Clause 14, Article 3 of the Law on Marriage and Family 2014 (Law on Marriage and Family) clearly states that “Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.” In which, the wife, husband or both have the right to request the Court to settle the divorce:

  • Only the husband or wife requests the divorce (unilateral divorce);
  • Both spouses request the divorce ( consensual divorce)

Thus, a consensual divorce is a divorce with the consent of both husband and wife.

Conditions for carrying out Procedures for consensual divorce with Vietnamese people

According to article 55 of the Law on Marriage and Family, The conditions for the Court to recognize the consent of both spouses for divorce must meet three factors:

  • Husband and wife voluntarily divorce and sign the divorce petition;
  • Having agreed on the child custodian and child support rate. This agreement must ensure the interests of the parties and for the child.
  • The issue of property division has been reached, or the agreement has not been reached but has not requested the Court to settle the property separately. In case the husband and wife have reached an agreement on the property issue and wish to be recognized by the Court, they can write in an application to request the Court to recognize this agreement.

However, In many cases, the parties can’t agree on all of the three factors above. At that time, the law will determine that the divorce is unilateral.

Which court is competent to handle Procedures for consensual divorce with Vietnamese people?

A divorce is a consensual divorce because both husband and wife agree to each other. Therefore, on the place of filing the two sides can also be negotiable. At the same time, according to the provisions of Article 55 of the Law on Marriage and Family, two people can agree to go to the Court where the wife or husband resides to carry out the procedures. And the Court with jurisdiction is the district-level People’s Court (Article 35 Civil Procedure Code 2015). Therefore, if the husband and wife both agree to divorce, they can agree to file the dossier at the district-level People’s Court where the wife or husband or both husband and wife reside.

The dossier required for consensual divorce with Vietnamese people

Stipulated in Clause 2, Article 29 of the civil procedure Code 2015, request for recognition of Divorce, child custody agreement, property division upon divorce are civil matters. Therefore, the couple must prepare the following papers and documents:

  • An application for a consensual divorce (according to the form);
  • Marriage registration certificate (original);
  • ID card or passport (notarized copy) of the couple
  • Household book (notarized copy) of the couple
  • Children’s birth certificate (notarized copy)
  • Documents and documents on rights property ownership (notarized copy) (if requested by the Court to divide property)

So, Husband and wife jointly requesting the Court to recognize the consent of the divorce, agreement on child-rearing, and division of property upon divorce must co-sign the petition. In this case, both husband and wife are identified as the petitioner.

Procedures for consensual divorce with Vietnamese people

Step 1: Submit application Where to file: District People’s Court where the spouses reside or work. 

Step 2: Receive the file and accept the settlement

  • After receiving the lawsuit petition and valid court documents within 05 working days, the Court examines the application and issues a notice to pay the advance court fee.
  • You pay the first-instance civil advance court fee at the district judgment enforcement sub-department. Then return the receipt to the Court.
  • Within 15 working days, the Court will open a conciliation session.

Step 3: Return the results Within 07 days from the date of unsuccessful conciliation (without changing the divorce decision) if the parties do not change their opinions, the Court issues a decision to recognize the consensual divorce with Vietnamese.

Finally, hope this article is useful for you to know more about: Procedures for consensual divorce with Vietnamese people. If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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How long is the process of unilateral divorce with Vietnamese?
Legal knowledge

How long is the process of divorce with Vietnamese?

by DangKhoi
written by DangKhoi

Divorce is something that no one wants, but if it is the only way out of adversity and finds happiness, then LSX will help you. How long is the process of divorce with Vietnamese? This is the question that many people have nowadays. Let’s find out in this article with LSX Law firm.

  • Law on Marriage and Family 2014
  • Civil Procedure Code 2015

Divorce must be fast

This is the goal that LSX always aims to when solving a divorce case, in fact a divorce case lasts a long time compared to the pure provisions in Civil Procedure Code 2015.

Why do the process of divorce with Vietnamese take so long?

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. 

How long is the process of divorce with Vietnamese?

How to get a quick divorce?

Based on practical experience, LSX has learned that:

  1. A high degree of agreement and consensus must be reached between husband and wife on all issues: Children, property, common debt, feelings… and proceed with a consensual divorce
  2. Find and choose the right Court to accept the divorce, find out the templates, characteristic of the court to avoid confusion.
  3. Prepare components records (including notarization and authentication) to perfection, to avoid mistakes and The court issuing an additional notice.
  4. the service of a divorce lawyer can help you to complete it quickly and without taking much time

Finally, hope this article is useful for you to know more about: How long is the process of divorce with Vietnamese? If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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How long is the process of unilateral divorce with Vietnamese?
Legal knowledge

How long is the process of unilateral divorce with Vietnamese?

by DangKhoi
written by DangKhoi

So, The time to resolve unilateral divorce is always a concern when conducting a divorce unilaterally? How long is the process of unilateral divorce with Vietnamese? Let’s find out in this article with LSX Law firm.

  • The Civil Procedure Code 2015.
  • Law on Marriage and Family 2014.

General provisions for unilateral divorce with Vietnamese

Divorce unilaterally will resolve issues of:

  • Dispute over child rearing, property division upon divorce, property division after divorce.
  • Disputes over division of common property of husband and wife during marriage.
  • Disputes over change of person directly raising children after divorce.
  • Other disputes over marriage and family.

Disputes Resolution jurisdiction

The Court’s jurisdiction to settle civil cases is determined as follows:

  • The court where the defendant resides or works, if the defendant is an individual.
  • The court where the defendant is located or headquartered , if the defendant is an agency or organization.

How long is the process of unilateral divorce with Vietnamese?

Time for a unilateral divorce settlement is the time for a competent court agency to settle the unilateral divorce case.

The Civil Procedure Code 2015 does not provide specific provisions. The law only stipulates the time limits in each step of settlement. Accordingly, in order to calculate the time for unilateral divorce settlement; we need to consider each step to generalize the time for unilateral divorce settlement at Court.

Step 1: The litigant files a unilateral divorce with Vietnamese petition to the Court where the defendant resides and works.

Courts receive lawsuit petitions filed directly at the Court; or sent by postal service

  • When receiving a lawsuit petition filed in person, the Court shall issue a written confirmation of receipt of the petition to the petitioner. In the case of receiving an application by postal service, within 02 working days from the date of receipt of the application, the court must send a notice of receipt of the application to the petitioner.
  • In case a lawsuit petition is received by online submission, the Court must immediately notify the petitioner of receipt of the petition through the Court’s web portal (if any).
  • Within 03 working days from the date of receiving the lawsuit petition, the Chief Justice of the Court shall assign a judge to consider the petition.

Within 05 working days from the date of assignment, the judge must consider the unilateral divorce with Vietnamese petition and make one of the following decisions:

  • Request for amendment and supplementation of the lawsuit petition;
  • Carry out procedures for accepting the case according to normal procedures or according to summary procedures if the case is eligible for settlement according to summary procedures specified in Clause 1, Article 317 of this Code;
  • Transfer the petition to the competent Court; notify the petitioner if the case falls under the jurisdiction of another Court;
  • Return the petition to the petitioner if the case is not within the jurisdiction of the Court.

Thus, the time to process the application in step 1 is at least 08 working days.

According to Article 191, after 05 working days from the date of being assigned a judge to consider the lawsuit petition, if the lawsuit petition is valid, the litigants will be request payment of court costs and fees and the judge will issue the summary decision to proceed with the procedure for accepting the case according to the normal procedure or according to the procedure if the case is eligible for settlement according to the summary procedure.

The payment of court fees and fees is prescribed in Article 195 of the 2015 Civil Procedure Code as follows:

Article 195. Acceptance of the case

1. After receiving the lawsuit petition and accompanying documents and evidence, if deeming it to be If the case falls under the court’s jurisdiction, the judge must immediately notify the petitioner so that they can go to the court to carry out the procedures for paying the court cost advance in case they have to pay the court cost advance.

Step 3: The involved parties 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;

Article 195. Acceptance of the case

….

2. The judge shall estimate the amount of the court cost advance, write it in a notice and hand it over to the plaintiff for them to pay the court fee advance. Within 07 days from the date of receipt of the Court’s notice of the payment of the court cost advance, the plaintiff must pay the advance court cost and submit to the Court a receipt for the collection of the court fee advance.

3. The judge accepts the case when the plaintiff submits to the Court a receipt for the collection of the advance court fee.

4. In case the plaintiff is exempted or not required to pay the court fee advance; the judge must accept the case when receiving the lawsuit petition and enclosed documents and evidence.

Thus, within 07 days from the date of receipt of the Court’s notice of the payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance. fee. The pre-trial period is now 15 working days.

Step 4: Preparation for trial of unilateral divorce with Vietnamese

The time limit for preparation for trial of a case is in Article 203 of the Civil Procedure Code:

Article 203. Time limit for trial preparation

1. The time limit for preparation for trial of various types of cases Courts, except for cases heard according to summary procedures or cases involving foreign elements are as follows:

a) So, For the cases specified in Articles 26 and 28 of this Code, the time limit is 04 months from the date of acceptance of the case;

…

For cases of complicated nature or due to force majeure events or objective obstacles, the Chief Justice of the Court may decide to extend the time limit for trial preparation, but not exceeding 02 months for school-based cases.

In case there is a decision to temporarily suspend the settlement of the case, the time limit for trial preparation shall be recalculated from the date on which the court’s decision to continue the settlement of the case takes legal effect.

Step 5: The court opens a public meeting to adjudicate the divorce

Within 1 month from the date of the decision to bring the case to trial, the Court must open a court session; If there is a legitimate reason, this time limit is 02 months.

Thus, it takes a lot of time to bring a unilateral divorce case to trial. That’s not including trial time.

If the divorce case is not in the case of trial according to summary procedures, or there are foreign elements, the trial preparation time is 04 months; from the date of receipt of the case. For cases of complicated nature or due to force majeure events or objective obstacles; then the Chief Justice of the Court may decide to extend the time limit for trial preparation. The extension period shall not exceed 2 months.

During the trial preparation time, the Court will conduct reunification, the conciliation 02 (two) times. And if, during the mediation session, the two parties agree to reunite. Then, the Court shall issue a decision to recognize the agreement of the involved parties. Or if mediation is not possible, the court will issue a decision that the mediation has failed. The case will be brought to trial.

Thus, the total time of the process of unilateral divorce with Vietnamese cases usually falls within a period of 4-6 months. In fact, the settlement time may be shorter or longer than the statutory time. This depends on many factors. 

Finally, hope this article is useful for you to know more about: How long is the process of unilateral divorce with Vietnamese? If you need any further information, please contact  LSX Law firm : +84846175333 or Email: hoangson@lsx.vn

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