Lawyers receive a lot of questions about consent divorce for foreigners in Vietnam. Here is one of them, the situation is as follows” Hello Lawyer, I and my husband have been living together for more than 5 years without being able to get along, there are too many contradictions, conflicts appear, even quarrels occur. Now, in order to have a new life for both of us, we have decided to divorce. The divorce is mutually agreed upon by both parties, there is no dispute over property. We do not have any children together so there is no need. child custody division. Can a lawyer advise me on the procedure as well as documents for us to divorce quickly?”
Civil Procedure Code 2015
What is an amicable divorce?
Consensual divorce is a divorce at the request of both husband and wife when they have agreed on all matters relating to the husband and wife relationship, child custody, alimony, property division (or agree to separate claims). division of marital property into another case after divorce). The court will follow the divorce consent procedure. The court makes a decision to recognize the consent of the divorce.
How long does an amicable divorce take?
Regarding the time for settlement of civil cases/cases, the general provisions of Article 212 of the Civil Procedure Code 2015 are as follows:
“Article 212. Making decisions to recognize the agreement of the involved parties
- After 07 days from the date of making the minutes of successful conciliation, if no involved parties change their opinion on such agreement, the judge presiding over the conciliation session or a judge assigned by the chief justice of the court The public must make a decision to recognize the agreement of the involved parties.
Within 5 working days from the date of issuance of a decision to recognize the agreement of the involved parties, the court must send that decision to the involved parties and the procuracies of the same level.
- The judge shall only issue a decision to recognize the agreement of the involved parties if the involved parties can reach agreement on the settlement of the whole case.
- In the case specified in Clause 4, Article 210 of this Code, where the present involved parties can reach an agreement on the settlement of the case, such agreement is only valid for those present and authorized by the judge. The judge shall issue a decision on recognition if it does not affect the rights and obligations of the absent involved party. In case their agreement affects the rights and obligations of the absent party, this agreement is only valid and recognized by the judge if it is agreed in writing by the absent party at the mediation session. copy.”
Thus, the time to resolve the divorce procedure for the case of consent is specified above.
Do you need to go to court for an amicable divorce?
The current law stipulates that the court is the place of trial. Even though they agree to divorce, they still have to go to court to end the marriage. Thus, an amicable divorce still has to go to court
Procedure for amicable divorce
In order to proceed with the consent divorce procedure, you need to prepare some documents and proceed to submit them to the court to request a settlement.
What documents are required for a consensual divorce?
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court. Therefore, it is necessary to determine who is entitled to request a divorce. When you agree to divorce, you must prepare the following documents:
Dossier of amicable divorce for foreigners in Vietnam
Dossier of consent for divorce includes the papers prescribed in Clause 2, Article 29 of the 2015 Civil Procedure Code, which requires recognition of consent for divorce, and property division upon divorce is determined to be a civil matter. Therefore, in order to be resolved by the Court according to the consent divorce procedure, you and your husband must prepare the following documents and records:
Application for recognition of consensual divorce
Marriage registration certificate
Household book (certified copy)
ID card/Citizen identity card/passport (certified copy)
Other documents and evidences evidencing common property such as: Certificate of land use rights, certificate of house ownership (red book); vehicle registration; saving
Documents, evidences and papers proving the debts and property obligations of the husband and wife during the marriage
If both parties register their marriage under foreign law and want to get a divorce in Vietnam, they must consularly legalize the marriage registration certificate and complete the procedures for making notes in the register at the Department of Justice before submitting the application and dossier. apply for a divorce;
Other papers and documents
Place of filing: People’s Court of the district where either spouse permanently or temporarily resides or is working (with a labor contract) of either spouse.
Consensus divorce process
Step 1: Submit an application for an amicable divorce
According to the provisions of Point h, Clause 2, Article 39 of the Civil Procedure Code 2015:
“The court where one of the parties consents to a divorce, to an agreement to raise children, to divide assets upon divorce, to reside or work, has the authority to handle requests for recognition of consent for divorce, child custody agreement, and property division. property upon divorce.”
Therefore, where to file for divorce is also one of the things that the couple can agree on. At that time, the two people can agree to go to the court where the wife or husband’s residence resides to carry out the procedure.
Divorce files can be filed directly at the Court or sent by post.
Step 2: Receive notice of application receipt and notice of court fees
After receiving the complete dossier, within 03 days, the Chief Justice of the Court will assign the Judge to settle. If the dossier is eligible, the judge will issue a notice of fee payment and within 5 days, the couple must complete it.
Step 3: Pay the court fee advance
Based on the Court’s notice, the fee advance will be paid at the district-level Civil Judgment Enforcement Sub-department and return the payment receipt to the Court.
Step 4: The court prepares to consider the petition and open a public meeting to resolve the request for recognition of the consent for divorce.
The time limit for preparing the application for consideration is 01 month from the date of acceptance. During this preparation period, the Court must issue a decision to open a resolution meeting and conduct the meeting within 15 days from the date of issuance of the decision.
At that time, the judge will conduct mediation to reunite the husband and wife, explain the rights and obligations of the husband and wife, parents and children, about the responsibilities of support …
Step 5: Make a decision to recognize the consent of the divorce
In case of successful conciliation, the husband and wife will reunite, then the Court will issue a decision to suspend the settlement of the divorce request of the two.
If the conciliation fails, and the couple still wants a divorce, the court will issue a decision to recognize the consent of the divorce. The marriage relationship terminates from the date on which the decision on recognition of consent to divorce takes legal effect.
How many times do you agree to divorce and reconcile?
Currently, the Civil Procedure Code does not detail how many times of consent to divorce and mediation. How many times to organize the mediation depends on the judge’s assessment and judgment, however, the mediation must be done at least once when resolving the request for recognition of the consent of the divorce.
Usually, amicable divorce mediation can be held once or twice in a valid convocation.
– In the first valid summons, if both parties are not present, the Court will consider the two parties to give up the request to recognize the consent of the divorce and will suspend the settlement of the request. If one party is absent from the first valid summons without a valid reason, the Court will postpone the conciliation session.
– In the second valid summons, both parties are required to be present, if one party continues to be absent, the Court will consider this case as unable to conduct conciliation and bring the case to trial if there is any opinion. The other party still wants to continue the divorce.
Consent divorce for foreigners in Vietnam fee
The cost of a consensual divorce is the fee for settling civil matters according to the provisions of the civil procedure law. Article 35 of Resolution 326/2016/UBTVQH14 stipulates that this Court fee includes first-instance fee and civil matter appellate fee.
Pursuant to Section B on the list of court fees in the List of court costs and fees promulgated together with Resolution 326/2016/UBTVQH14, the court fees when handling a request for recognition of an uncontested divorce, agreement on child rearing and property division upon divorce is 300,000 VND.
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Please see more:
Where to register for marriage with a foreigner in Vietnam?
Steps to register a marriage with a foreigner in Vietnam
Divorce procedures for people living abroad under Vietnam law
Frequently asked questions
If the two parties cannot come to an agreement or reach an agreement but fail to ensure the legitimate interests of the wife and children, at the same time, open a court hearing for the divorce case according to common and normal procedures to settle the divorce case. Marriage lasts about 4 months.
Pursuant to Article 37 of Resolution 326/2016/UBTVQH14, the person who requests the Court to recognize the consent of the divorce must be obliged to bear the Court fee, regardless of whether the Court approves their request or not. Husband and wife have the right to agree on the payment of court fees, if unable to reach an agreement, each person bears 50% (ie each person must pay 150,000 VND).
Exceptions, in some cases where court fees are exempted or are not required, the requester does not have to pay.