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Can a divorced person register marriage with another person? Separated but husband lives with other people, what to do? Let us learn about this topic with LSX law firm as follow:

Is separation a divorce?

Divorce is the termination of the husband and wife relationship according to an effective judgment or decision issued by a court. This is; the definition explained in Clause 14, Article 3 of the Law on Marriage and Family.

Therefore, only when the couple carries out divorce procedures at the Court; and the Court decides to terminate the husband and wife relationship by judgment (unilateral divorce) or divorce decision (consent divorce). The marriage relationship between husband and wife has completely ended. At this time, the two will no longer be in a husband and wife relationship with another person and are single.

At the same time, current legal documents do not provide for separation. But in fact, this is a very common situation that occurs between husband and wife. Understandably, separation is when a couple no longer have feelings for each other; do not live together, but have not yet completed divorce procedures at a competent court.

Therefore, separation is not a divorce. Understandably, this is just a situation where a husband and wife do not live together; want to terminate the marriage relationship but have not been; recognized by the law for the termination of the husband and wife relationship.

Can a divorced person register marriage with another person?

What is a divorce? What is the common cause of divorce in Vietnam? According to Point d, Clause 1, Article 8 of the Law on Marriage and Family; the condition for marriage is that it does not fall into one of the prohibited cases such as having a wife or a husband but marrying another person, sham marriage, etc.

Therefore, only if you are currently without a wife, are currently without a husband; and meet other conditions for marriage registration such as full 20 years of age for a man, and full 18 years of age for a woman; Both parties are completely voluntary, registered at a competent authority… then the marriage will be legally valid.

In addition, according to the analysis in Section 1 above, separation is just a situation where husband and wife do not want to live together anymore; want to terminate the husband and wife relationship but have not yet carried out divorce procedures at a competent court. and have not received a legally effective divorce judgment or decision.

That is, separation does not make men or women return to single status. Therefore, the refusal of the judicial officer to issue a certificate of marital status and to refuse to register the marriage for you and your lover is completely legal.

Separated but husband lives with other people, what to do?

Living with other people while married or married is one of the prohibited acts. Even though they are separating, the marriage relationship of husband and wife has not ended. Therefore, this can be; considered an act of adultery.

With acts of adultery, the wife and husband may be; administratively sanctioned or criminally responsible. Specifically:

– Be fined up to 5 million VND based on Clause 1, Article 59 of Decree 82/2020/ND-CP. Specifically, if a spouse is living together as husband or wife with another person or unmarried but living with a person who knows that he/she is; married, a fine of between VND 3 and 5 million will be; imposed.

– Imprisonment for up to 3 years: according to Article 182 of the Penal Code for crimes against monogamy. Procedures for appeal against divorce judgment in Vientnam

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How is the procedure for withdrawing the divorce petition? When a husband and wife want to end their marriage relationship; they must file a petition with the Court to request a divorce. Let us learn about this topic with LSX law firm as follow:

In what cases does the marriage really end?

Clause 14, Article 3 of the Law on Marriage and Family 2014 states:

Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.

At the same time, regarding the time of termination of the marriage relationship; Clause 1, Article 57 of the Law on Marriage and Family also affirms the following:

The marriage relationship terminates from the date on which the court’s divorce judgment or decision takes legal effect.

Thus, only if the husband and wife have submitted an application to the Court to settle the divorce; and the Court issues a judgment; After deciding to divorce; the husband and wife will be considered really divorced at the time when the divorce judgment or decision takes effect. Difficulty in carrying out unilateral divorce procedures in Vietnam.

At what time can the divorce file be withdrawn?

Rights and obligations of husband and wife when requesting divorce (whether amicably or unilaterally); according to Clause 4, Article 70 of the Civil Procedure Code; husband and wife have the right to change or withdraw their divorce request. According to Clause 2, Article 5 of the Civil Procedure Code; during the settlement of a divorce request, a husband and wife have the right to terminate or change their request. Can spouse reapply for the divorce petition after withdrawing it?

Therefore, depending on the stage of the divorce, the time to withdraw the application is prescribed as follows:

– When the Court has not accepted: Pursuant to Article 363, Article 191 of the Civil Procedure Code; there will usually be a period of about 08 working days before the Court accepts the divorce settlement. Therefore, before the Court accepts, the husband and wife have the right to withdraw the divorce petition. At that time, the Court will return the divorce petition.

– When the Court has accepted the divorce:

+ Before opening the court session, the session: This is the stage of preparing for trial or preparing to consider the application. If the spouse withdraws the request for divorce, the Court will suspend and return the divorce petition (Based on Point c, Clause 1, Article 217 and Point c, Clause 2, Article 366 of the Civil Procedure Code).

+ During the court hearing, the meeting takes place: Pursuant to Clause 2, Article 244 of the Civil Procedure Code; if the spouse voluntarily withdraws the divorce request, the Trial Panel will suspend the trial with the part of the withdrawn request.

How is the procedure for withdrawing the divorce petition?

Step 1: When you want to withdraw the divorce petition, the couple needs to make a request to withdraw the divorce petition.

Step 2: Pursuant to Point c, Clause 2, Article 366 of the Civil Procedure Code, after accepting the husband and wife’s request to withdraw the consenting divorce petition, the Court will return the consent divorce petition along with documents. accompanying evidence.

Particularly in the unilateral divorce case, according to Clause 3, Article 217 of the Civil Procedure Code, if the husband or wife requests to withdraw the unilateral divorce petition, the Court will delete the name of that case and return the simple divorce petition. methods, documents and evidences, if required.

At the same time, the Court will also copy and save it as a basis for settling complaints and petitions upon request.

Thus, only in the event of a unilateral divorce, the parties need to request the Court to return the unilateral divorce petition and accompanying documents and evidences. Otherwise, the Court only deletes the name of that case in the acceptance book.

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After a divorce, until when do parents have to support their children. And after a divorce, who is obligated to support? Let us learn about this topic with LSX law firm as follow:

After a divorce, do parents have obligation to support their children?

Support is the obligation of a person to contribute money or other property to meet the essential needs of a person who is not living with him or her but has a marital relationship; bloodline or rearing in case that person is a minor, an adult without working capacity and no property to support himself or a person facing difficulties or needy under the provisions of this Law. Case both parents do not have custody of children after divorce?

This is; the definition stated in Clause 24, Article 3 of the Law on Marriage and Family 2014. Accordingly, alimony occurs only when the following conditions are; met:

– The person receiving support is a minor or an adult but has no working capacity, no property to support himself or someone in difficulty;

– The support person and the supported person are related by marriage, blood or foster care.

– These people don’t live together.

Therefore, upon divorce, the following people will have a alimony relationship:

– Parents who do not directly raise their minor children, adult children who have no property to support themselves or are unable to work have the obligation to support their children. In particular, even though parents have restricted rights with their minor children, they still have to support their children (according to Clause 2, Article 82 and Clause 3, Article 87 of the Law on Marriage and Family).

– After a divorce, a husband and wife are; obliged to support each other if one of them is in difficulty or in need, has a request for support and has a good reason (according to Article 115 of the Law on Marriage and Family).

After a divorce, how much alimony/month? How?

The level of support is specified in Article 116 of the Law on Marriage and Family. Accordingly, the level of support will be; agreed upon by the parties based on the income, the actual ability of the supporter as well as the essential needs of the child. The court only settles when the parties do not reach an agreement or fail to reach an agreement.

In particular, Clause 2, Article 116 of the Law on Marriage and Family affirms:

When there is a good reason, support levels may change. The change of support level shall be; agreed upon by the parties; If no agreement can be reached, ask the Court to settle.

Therefore, the law does not limit how much alimony is, but is completely based on the agreement of the parties or on the income, conditions and needs of the parties. Currently, the Court will usually set the support level at about 15-30% of the supporter’s income.

Regarding the mode of support, Article 117 of this Law stipulates that the support can be provided monthly, quarterly, semi-annually, annually or once. The parties can also agree on the mode of support, if they cannot reach an agreement, they will ask the Court to settle.

After a divorce, until when do parents have to support their children?

As analyzed above, minor children, adult children without working capacity, no property to support themselves, the person who does not live with the child after the divorce will have the obligation to support the child. .

In which, minor children are children who are under 18 years of age or older according to Article 21 of the Civil Code. At the same time, the cases in which the support obligation is; terminated specified in Article 118 of the Law on Marriage and Family include:

– The supported person is an adult and has the ability to work or has property to support himself.

– The support person or the person receiving support dies.

– Wife or husband (in difficulty, in dire straits) after divorce gets; married to another person…

Thus, it can be; seen that, after a divorce, parents may not have to support their children in the following cases:

– Children who are full 18 years old or have the ability to work and have property to support themselves.

– Dead father, mother or child.

After a divorce, Is there an increase in alimony?

Unilateral divorce and child custody settlement agency in Vietnam. Clause 2, Article 116 of the Law on Marriage and Family affirms:

When there is a good reason, support levels may change. The change of support level shall be; agreed upon by the parties; If no agreement can be reached, ask the Court to settle.

Thus, the law completely allows the parties to change the level of support. If the economic situation is difficult, the supporter’s income level is no longer able to provide support, the support amount can be; negotiated to reduce the support amount. On the contrary, if the child’s essential needs increase and the caregiver is eligible, the two parties can agree to increase the level of support.

However, in fact, if there is a dispute over the level of support, often the parties will not be able to reach an agreement but must ask the Court to settle.

In these cases, the Court will base on the legitimate reasons given by the parties to consider and decide whether to agree to the request to change the level of support of the parties.

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Can parents ask for a divorce on behalf of their children? Can parents “force” their children to divorce? Let us learn about this topic with LSX law firm as follow:

Can parents ask for a divorce on behalf of their children?

Article 51 of the Law on Marriage and Family stipulates that persons with the right to request divorce settlement include:

– Husband and wife (unilateral divorce) or both (consent divorce).

– Father, mother, other relatives: One of the spouses suffers from mental illness or other diseases; unable to perceive and control their own behavior and are victims of domestic violence caused by their husbands and wives; seriously affecting their health, life, and spirit.

According to this provision, parents can request the Court to resolve the divorce on behalf of their children if they meet the above conditions. In which, domestic violence is specified in Clause 1, Article 2 of the Law on Domestic Violence Prevention and Control, including:

a) Torture, mistreat, beat or other intentional acts infringing upon health and life;

b) Insults or other intentional acts that offend the honor and dignity;

c) Isolate, drive away or apply constant psychological pressure, causing serious consequences;

d) Preventing the exercise of rights and obligations in family relations between grandparents and grandchildren; between father, mother and child, between husband and wife; between brothers, sisters and brothers;

d) Forced sexual intercourse;

e) Forced child marriage; forcible marriage, divorce or obstruction of voluntary and progressive marriage;

g) Appropriating, destroying, destroying or other acts intentionally damaging the private property of other family members or the common property of family members;

h) Forcing family members to work too hard or make financial contributions beyond their means; controlling a family member’s income to create financial dependence;

i) There is an illegal act to force a family member out of the residence.

Case both parents do not have custody of children after divorce?

Can parents “force” their children to divorce?

According to the provisions of the Law on Marriage and Family, husband and wife divorce in two forms:

– Divorce by consent: When both people have reached an agreement on ending the husband and wife relationship, dividing common property, common debt, gaining custody of children, etc.

– Unilateral divorce: Also known as divorce at the request of one party. This is one of the couple’s requests for divorce and will be; resolved by the Court if the following conditions are met:

+ The husband or wife commits acts of domestic violence or seriously violates the rights and obligations of husband and wife.

+ The above behavior causes the husband and wife’s marriage to fall into a serious situation, unable to prolong their common life, making the purpose of the marriage unattainable.

– Husband and wife request when one of the other two is; declared missing by the Court.

Conclusion

It can be; seen that divorce is the decision of the husband and wife. Parents may only request a divorce from the Court according to the provisions of Clause 2, Article 51 of the Law on Marriage and Family:

Parents, other relatives have the right to request the Court to settle the divorce when one of the spouses due to mental illness or other disease is unable to perceive; control their own behavior, and at the same time are; victims of domestic violence caused by their husbands and wives, seriously affecting their lives, health, and spirit.

Therefore, if the parents are; not in the above cases, the parents are not allowed to submit the divorce request on behalf of their children. At the same time, the couple divorces only when both or one of them wishes to divorce and has evidence to request the Court to resolve the divorce unilaterally.

If your mother-in-law insists on forcing your husband to divorce you, she may be; administratively fined according to the provisions of Clause 1, Article 55 of Decree 167/2013/ND-CP with a fine of 100,000 – 300,000 VND. However, your mother-in-law will only be; fined if she forces you and your husband to divorce by torturing, ill-treating, mentally threatening or using other tricks. Where to pay divorce fees in Vietnam.

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Conditions for a unilateral divorce when spouse in the US, order and procedures for unilateral divorce in the US. Let us learn about this topic with LSX law firm as follow:

Conditions for a unilateral divorce in the US

A marriage without consent, that is, without the consent of both spouses; but only the wishes of one party, can still be; approved. To be able to proceed with a unilateral divorce in the US, the following conditions must be; met:

First, the couple has been living apart and separated from each other for at least one year; (a couple can still be; considered separate and apart even if they still live in the same house; but have separate lives and have very little to do with each other).

Second, the person who wants to get a unilateral divorce in the US needs to have grounds to prove that; the marriage has broken down and cannot be; restored, repaired or mended.

Accordingly, if the above conditions are; met, one party to the marriage can proceed with unilateral divorce proceedings in the US, but the settlement time may be quite long; about a year or more before the court issues an order to finalize the unilateral divorce.

Unilateral divorce records in the US

Application for unilateral divorce when a spouse is abroad. To be able to proceed with a unilateral divorce in the US; the divorce petitioner needs to prepare a set of documents according to the unilateral divorce law in the US, including the following documents:

Complaint for Divorce

Copy of marriage registration certificate of husband and wife

If the husband and wife have children together; they need to provide: a commitment to care and custody of the children; Child support guide

Legal agreement to end a model marriage

Order and procedures for unilateral divorce in the US

Order and procedures for Unilateral Divorce without property disputes. In order to complete a unilateral divorce in the United States; the person who wants to get a divorce needs to contact a competent court to be able to resolve the divorce. The unilateral divorce procedure in the US is carried out through the following steps:

Step 1: prepare a unilateral divorce file in the US including the documents as mentioned above. Note that the application should clearly state the basis, the grounds for terminating the marriage are due to irreparable rifts and the application is written according to the form prescribed by the unilateral divorce law in the US.

Step 2: File for a unilateral divorce in the US. The litigant brings the dossier including the above documents to submit at the court room of the Family and Will Court; request the Court to accept the application. Note that if your spouse is living in the state in which you lived previously, file for divorce in the Court in that State. If your spouse is no longer living in that state, you can apply at the department where you live and reside.

Step 3: Service of documents: The court will give the parties involved a summons to notify the parties of the divorce, so that the parties can file a response to the unilateral divorce lawsuit. When the party requested for a unilateral divorce is served with the court summons; the court will process the case file and send it to the judge of the district court.

Step 4: proceed to settle the unilateral divorce case requested by the involved parties and issue a judgment with an enforceable judgment.

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Can foreigners make wills in Vietnam? Documents required when notarizing when foreigners make wills in Vietnam. Let us learn about this topic with LSX law firm as follow:

Can foreigners make wills in Vietnam?

What is a will with foreign elements? According to the provisions of Article 625 of the Civil Code 2015, the testator is an adult, sane and wise while making the will; who are; not deceived, threatened or coerced have the right to make a will to dispose of their property.

Accordingly, Article 681 of the 2015 Civil Code stipulates that the form of a will is; determined according to the law of the country where the will is made.

Therefore, there is no provision that prohibits foreigners from making wills in Vietnam.

However, for that will to take effect in Vietnam, the form of the will must be consistent with the provisions of Vietnamese law; and the legal capacity of the testator must be consistent with the law of the country he/she has nationality.

Documents required when notarizing when foreigners make wills in Vietnam

From the above analysis, if you want to make a will with foreign elements at the Notary Public Office/Department, you must prepare the following documents:

– Notarization request form;

– Documents on property ownership;

– Draft will (if any);

– Personal documents:

+ If there are Vietnamese residing abroad: Proof of nationality such as proof of Vietnamese origin, certificate of having or leaving Vietnamese nationality, documents proving that they are; allowed to enter Vietnam Male…;

+ If there are foreigners: Documents proving that they are; allowed to enter Vietnam, documents proving their behavioral capacity such as medical examination papers, identity cards of the interpreters…;

– Other documents.

Three types of assets to note in wills in Vietnam

In addition to the above notes, the issue of which property foreigners or Vietnamese residing abroad can inherit is also very important. Here are the three most common types of assets.

Property is a house in Vietnam

With the property being houses, foreigners must be eligible to own houses according to the provisions of the Law on Housing 2014 to have the right to put their names on the Certificate of House Ownership; if not, only receive the value of that house.

Specifically, according to Article 8 of the 2014 Housing Law, overseas Vietnamese who have their house ownership recognized must be; allowed to enter Vietnam.

For foreigners, they may inherit houses in Vietnam, including apartments and separate houses in housing construction investment projects, except for areas where national defense and security is; ensured, which must satisfy the following conditions: :

– Being allowed to enter Vietnam;

– Not entitled to diplomatic and consular privileges and immunities.

(Based on Article 159 of Law on Housing 2014)

In which, foreigners are; only allowed to inherit no more than 30% of the number of apartments in an apartment building… If not in the above cases, foreigners are only entitled to the value of that house.

Foreigners are; only allowed to own houses for a maximum of 50 years from the date of issuance of the certificate and can be extended if necessary. The term of house ownership must be; clearly stated in the certificate.

Property is residential land in Vietnam

Article 186 of the Land Law 2013, amendments and supplements to 2018 regulations; Overseas Vietnamese who are; subject to house ownership rights also have the right to own residential land attached to houses in Vietnam and be; granted a certificate of residential land ownership.

A probate beneficiary will not be; granted a Certificate if:

– Foreigner;

– Vietnamese residing abroad are not allowed to enter Vietnam.

These people only enjoy the value of the house attached to the residential land use right when they receive the inheritance but can transfer or donate the inherited land use right to another person.

– To be; named by the seller in the house sale and purchase contract;

– To be; named in the donor’s name in the land donation contract;

– If they have not been; sold or given, they can authorize the receipt of inheritance and send it to the land registration agency for updating in the cadastral book.

In addition, an heir who is; not granted a personal certificate can authorize another person to take care of, temporarily use and perform his/her land obligations.

Assets are cash in Vietnam

According to the provisions of Circular 15/2011/TT-NHNN, if the property inherited under the will is cash that the beneficiary wants to bring abroad, he/she must declare it to Customs if on:

– 5000 USD or other foreign currencies of equivalent value;

– 15 million dong.

However, if you bring travelers checks, bank cards, passbooks, securities and other documents with value in foreign currency or Vietnam Dong, there is no need to declare.

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What is a will with foreign elements? Can I leave a will for a foreigner? Let us learn about this topic with LSX law firm as follow:

What is a will with foreign elements?

A will is when a person wants to transfer his or her property to someone else after he or she dies. Accordingly, wills have oral wills and written wills. Only when it is not possible to make a written will can an oral will be used.

Thus, a will with foreign elements is a will with one or several characteristics related to a foreign country, specifically:

– The testator and the heir under the will are foreigners or Vietnamese residing abroad;

– The place of making the will is in a foreign country;…

Effect of a will with foreign elements made abroad

According to the provisions of Article 630 of the 2015 Civil Code, a will is; considered legal if:

– The testator is lucid and lucid while making the will;

– The testator must not be; deceived, threatened or coerced;

– The content of the will does not violate the prohibition of the law, not against social ethics;

– The form of the will is not contrary to the provisions of the law.

In which, a written will may be; notarized, authenticated, with a witness or without a witness; If there is no witness, the testator must write and sign it himself;

An oral will must have at least 02 witnesses and these two must sign and point to the oral will.

In addition, Article 638 of the 2015 Civil Code clearly states; Wills of Vietnamese citizens living abroad certified by Vietnamese consular offices or diplomatic representatives in that country are as valid as notarized or authenticated wills.

Therefore, if a Vietnamese citizen is abroad and has no conditions to return to Vietnam to make a will, he or she can go to a Vietnamese consulate or diplomatic representative abroad to make a will. .

At this time, the will is still valid and is; considered legal in Vietnam if the making of a will ensures the above conditions.

Will the will with foreign elements in a foreign language be notarized?

Previously, Article 649 of the 2005 Civil Code stipulates that wills are; made in writing and ethnic minority people have the right to make wills in their own languages ​​and scripts.

By Article 627 of the 2015 Civil Code, the provisions on wills of ethnic minorities were; removed. Accordingly, the law only stipulates that a will can be; made in writing or an oral will without limitation in terms of writing and language.

Therefore, the current law does not prohibit Vietnamese people from making wills in a foreign language. Therefore, it is still possible to make a will in a foreign language according to the order and procedures of the law.

However, if the will is; notarized or authenticated, the Vietnamese language must be used because Article 6 of the Law on Notarization 2014, the spoken and written language used in notarization is Vietnamese.

At this time, the notarization requester can translate the will from a foreign language into Vietnamese and notarize and authenticate as usual or have additional witnesses.

Therefore, if the will is; not notarized or authenticated, a foreign language may be used; However, it is; still recommended to use Vietnamese to avoid confusion about the content of the will. As for the will through notarization, it must be in Vietnamese.

Not only that, when announcing wills, Article 672 of the 2015 Civil Code stipulates that wills made in a foreign language must be translated into Vietnamese and must be certified or notarized.

Thus, Vietnamese law does not prohibit the use of foreign languages ​​to make wills, but when a will becomes legally effective, it must be notarized, authenticated and translated into Vietnamese to avoid confusion about the content of the will.

Can I leave a will for a foreigner?

Not only the estate leaver can make a will abroad, but also can leave his or her property to people abroad or have foreign nationality.

Because, the rights of the testator are specified in Article 626 of the 2015 Civil Code, including:

– Designate an heir;

– Deprivation of the heir’s right to inherit;

– Division of inheritance for each heir;

– Dedicating a part of the property in the heritage block to bequeath and worship;

– Assign obligations to heirs;

– Designate the will holder, estate administrator, estate divider.

Therefore, appointing who is the heir is the right of the testator, so it is possible to leave assets to foreigners after death.

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Expiration of Driver’s License for Tourists in Vietnam. Conditions for changing driver’s License for Tourists in Vietnam. Let us learn about this topic with LSX law firm as follow:

Conditions for changing driver’s License for Tourists in Vietnam

Pursuant to Point h, Clause 5; Clause 6, Article 37 of Circular 12/2017/TT-BGTVT; tourists who want to carry out this procedure need to meet the following conditions:

– Firstly, have a valid driving license;

– Secondly, having a driver’s license that has not been erased, torn; no longer contains all the necessary elements to change a driver’s license or has a difference in identity;

– Thirdly, having a foreign driving license issued by a competent authority;

– Fourthly, meet health standards.

Expiration of Driver’s License for Tourists in Vietnam

These contents are specified at Point b, Clause 7, Article 37 of Circular 12/2017/TT-BGTVT as follows:

The expiry date of the Vietnamese driving license for foreign tourists to drive a foreign-registered car into Vietnam is consistent with the time of travel in Vietnam. This time is counted from the time of entry to the time of exit; but does not exceed the specified period of the Vietnamese driver’s license.

For foreign tourists driving into Vietnam who are not yet able to present their passports and foreign driving licenses; when changing a driver’s license; it can be based on the entry and exit list of the Ministry of Public Security and the translation of the driver’s license (enclosed with a copy of the foreign driver’s license); make available driver’s license for the number of registrants. How much is the fine for a foreign driver in Vietnam when driver’s license is revoked?

Note: Driving license is only issued to people who actually enter Vietnam after comparing foreign driver’s license and passport.

Dossier of carrying out the procedure

Tourists prepare 01 set of documents according to Point a, Clause 1, Article 42 of Circular 12/2017/TT-BGTVT, amended and supplemented by Clause 24, Article 1 of Circular 38/2019/TT-BGTVT, including:

– Firstly, an application form for the replacement of a driver’s license made according to the form;

– Secondly, translation of foreign driver’s license into Vietnamese. This translation is certified by the translation quality of the notary agency or the Embassy or Consulate in Vietnam where the translator works; stamped adjacent to the copy of the driver’s license.

In case there is any doubt, the driving license renewal agency shall request in writing the Embassy or Consulate of the country issuing the driving license in Vietnam to verify.

– In addition, a certified true copy of the entry and exit list of the Ministry of Public Security or a copy of the passport; including the passport number, full name and photo of the person granted; the expiry date and the entry visa page to Vietnam;

– Finally, a color photo of size 3×4 cm with a blue background, type of ID card, or citizen ID card.

Procedure to carry out the expiration of Driver’s License for Tourists in Vietnam

Procedure to change driver’s license for foreigners in Vietnam. Point b, Clause 6, Article 2 of Circular 01/2021/TT-BGTVT specifying the order and procedures for changing driver’s licenses for foreign tourists as follows:

Step 1: Tourists make 01 dossier and send it in one of three ways:

– Directly at the Department of Transport;

– By post;

– Submit online through the portal/online public service system of the Department of Transport.

Step 2: The Department of Transport checks the documents upon receipt.

If the dossier is not in accordance with regulations; This Department must notify in person or in writing or through the online public service system the contents; that need to be added or modified to the individual within 2 working days from the date of receipt of the dossier.

Step 3: Tourists who apply directly are responsible for fulfilling the obligation to pay the driving license fee when receiving the application as prescribed.

When submitting an application through the online public service system; the obligation to pay the driver’s license fee must be fulfilled through the payment function of the online public service system in accordance with regulations; and pay fees for using other services as needed.

Step 4: Within 05 working days from the date of receipt of complete documents; the Department of Transport shall change the driving license. If you do not change your driving license, you must reply and clearly state the reason.

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Procedure to change driver’s license for foreigners in Vietnam. Which foreigner can change to a Vietnamese driver’s license? Let us learn about this topic with LSX law firm as follow:

Which foreigner can change to a Vietnamese driver’s license in Vietnam?

A foreigner may change to the corresponding Vietnamese driving license in the following cases:

Firstly, residing, working, studying in Vietnam, having a diplomatic identity card; official ID card, temporary residence card, residence card, residence card; permanent residence card with a period of 03 months or more, have a valid national driving license, have the need to drive in Vietnam;

Secondly, foreign tourists who drive a foreign registered car into Vietnam, have a valid national driving license, and wish to drive in Vietnam.

Also, driving license exchange for foreigners Procedures for changing driver’s licenses for foreigners (Artwork)

Expiry date of a foreigner’s driver’s license

Points a, b, Clause 7, Article 37 of Circular 12/2017 of the Ministry of Transport stipulates:

– Firstly, the validity period of a Vietnamese driver’s license exchanged for a foreigner is consistent with the time limit specified in the entry visa or temporary residence card; and the validity period of the foreign driver’s license, but must not exceed the specified term of the Vietnamese driver’s license

-In addition, the validity period of the Vietnamese driver’s license exchanged for foreign tourists driving a foreign-registered car; into Vietnam is consistent with the travel time in Vietnam (from entry to exit); but does not exceed beyond the time limit specified in the Vietnamese driver’s license. How much is the fine for a foreign driver in Vietnam when driver’s license
is revoked?

Procedure to change driver’s license for foreigners in Vietnam

Note:

– The foreign driver’s license must be valid, not erased, torn; no longer contain all the necessary elements to change the driver’s license or there is a difference in identity;

– Also, do not change temporary foreign driver’s license, international driving license.

Changing driver’s license for foreigners in Vietnam

According to Article 41 of Circular 12/2017/TT-BGTVT, the procedure for changing driver’s license for foreigners is as follows:

Step 1: The driver makes 01 set of documents, including:

– Firstly, an application for change of driving license;

– Secondly, the translation of the foreign driver’s license into Vietnamese; is guaranteed by the translation quality of the Notary Public or the Embassy; Consulate in Vietnam where the translator works, stamped next to the copy of the driver’s license;

– Thirdly, copy of passport;

– Additionally, a copy of the diplomatic or official ID card issued by the Ministry of Foreign Affairs of Vietnam or a copy of the residence card, temporary residence card; permanent residence card, papers verifying long-term residence in Vietnam.

Step 2: Submit the application file at the Directorate for Roads of Vietnam; or the Department of Transport (where registered for residence, stay, temporary residence or permanent residence).

Upon arrival, the driver must take a photo directly at the driver’s license agency; and present the originals of the above documents (except for the originals sent) for comparison.

Step 3: Check profile

The Directorate for Roads of Vietnam or the Department of Transport shall check the documents upon receipt.

In case the application is not in accordance with regulations; notify directly/in writing of the contents that need to be supplemented; or amended within 02 working days from the date of receipt of the application.

Step 4: Pay the fee

Fee: 135,000 VND/time (Circular 188/2016/TT-BTC)

Step 5: Wait for the resolution and receive the results

Within 05 working days from the day on which the complete application is received, the Directorate for Roads of Vietnam or the Department of Transport shall change the driving license.

Changing driver’s license for foreign tourists in Vietnam

Step 1: Prepare documents including:

– Firstly, an application for change of a driving license; made according to the form specified in Appendix 20 issued with this Circular;

– Secondly, the translation of the foreign driver’s license into Vietnamese is guaranteed by the translation quality of the notary public or the Embassy; Consulate in Vietnam where the translator works, stamped next to the copy of the driver’s license; in case of suspicion, the driving license-issuing agency shall send a written request to the Embassy; or Consulate of the country issuing the driving license in Vietnam for verification;

– Thirdly, a certified true copy of the entry and exit list of the Ministry of Public Security or a copy of the passport, including the passport number, full name and photo of the person granted, the expiry date and the entry visa page to Vietnam;

– Fourthly, 01 color photo of size 3cm x 4cm with blue background, type of identity card or citizen identification card.

Step 2: Submit in person/by post to the Department of Transport of any province or city

Step 3: Check profile

The Department of Transport checks the documents upon receipt. In case the application is not in accordance with regulations, notify directly/in writing of the contents that need to be supplemented or amended within 02 working days from the date of receipt of the application.

Step 4: Pay the fee and get the result

When coming to receive the driver’s license, the driver presents the originals of the above documents (except for the originals sent) for comparison. Pay driver license renewal fee: 135,000 VND/time.

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Related questions

Procedures for conciliation in consent to a divorce in Vietnam. Is mediation required when agreeing to a divorce? Let us learn about this topic with LSX law firm as follow:

What is “consent to a divorce” in Vietnam?

Consent to divorce means the marriage relationship is; terminated by a decision of the Court. To be considered an amicable divorce, the following conditions must be; met:

The two parties in the husband and wife relationship agree to sign the divorce petition together;

There is no dispute between the two parties, there is no conflict or occurrence of violent acts; serious violations of the obligations of the spouses, leading to the marriage being unable to continue.

The parties can reach an agreement on their rights and obligations, including raising children together and dividing common property.

Is mediation required when agreeing to a divorce in Vietnam?

Conditions and procedures for consent to divorce in Vietnam. Article 54 of the 2014 Law on Marriage and Family stipulates: “After accepting the divorce petition, the Court shall conduct conciliation in accordance with the civil procedure law.”

Clause 2, Article 397 of the 2015 Civil Procedure Code stipulates; that on conciliation when a divorce is consensual: “The judge must conduct conciliation to reunite the husband and wife; explain the rights and obligations between husband and wife, between father, mother; and children, among other family members, about alimony and other issues related to marriage and family”.

Thus, conciliation upon consensual divorce is a mandatory procedure and is; carried out during the trial preparation stage for the purpose of healing husband and wife; create favorable conditions for husband and wife to reunite and explain the rights and obligations between husband and wife, between father, mother; and children, among other family members, support responsibilities and other issues related to marriage and family.

Cases in which the Court does not agree to divorce in Vietnam

The court will not resolve an amicable divorce in the following cases:

During the mediation session, the husband and wife agreed to reunite

During the mediation session, the two parties cannot agree on all issues of marital relationship; child custody, alimony, common property, common debt.

During the sessions of taking testimonies, conciliation; and handing over documents and evidences that one of the spouses requests to be absent; If there is no application for absenteeism, without good reason; the Court will determine that the petitioner waives the request and issues a decision to suspend the settlement of the recognition of consent for divorce.

Procedures for conciliation in consent to a divorce in Vietnam

Divorce by consent, Spouse has to go to Court for reconciliation or not? Firstly, the judge will inform about the rights and obligations of husband and wife; analyze legal issues so that the parties can think about reunification.

Secondly, the parties present their issues.

Thirdly, determine the issue and agree on the parties’ decisions including custody of children, joint property or whether or not to reunite.

Fourthly, the judge makes a record and makes a decision.

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Finally, hope this article about The cases spouse can not unilateral divorce in Vietnam is helpful for you!

In case you have any questions, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions