Divorce procedures with foreign elements have some differences compared to domestic divorce procedures. Currently, the divorce with foreign elements has many difficulties and problems. However, there was consensus on the provisions of the law. We would like to guide customers who are interested in divorce procedures with foreign elements in Vietnam according to current law and the notes on implementation. So about the matter “Consent to divorce with foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal basis:
- Law on Marriage and Family 2014
- Civil Procedure Code 2015
What is a divorce with foreign elements?
Divorce, as defined in Article 3 of the Law on Marriage and Family 2014, is understood as:
“14. Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.
Pursuant to Article 127 of the Law on Marriage and Family 2014, the divorce with foreign elements includes specific cases such as:
– Divorce between Vietnamese citizens and foreigners and between foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
– In case the party is a Vietnamese citizen who does not permanently reside in Vietnam at the time of the divorce request, the divorce shall be settled according to the law of the country where the husband and wife reside together; if they do not have a common place of permanent residence, the settlement shall be in accordance with Vietnamese law.
– The settlement of property being immovable property in a foreign country upon divorce shall comply with the laws of the country where such immovable property is located.
In case the party being a Vietnamese citizen does not permanently reside in Vietnam at the time of the divorce request, the divorce shall be settled according to the law of the country where the husband and wife reside together; if they do not have a common place of permanent residence, the settlement shall be in accordance with Vietnamese law.
The settlement of foreign immovable property upon divorce is subject to the laws of the country where such immovable property is located.
Competence to settle divorce with foreigners
According to Articles 35 and 37 of the 2015 Civil Procedure Code, the provisions are as follows:
(1) The district-level People’s Court is competent to settle according to first-instance procedures the following disputes:
a) Civil, marriage and family disputes specified in Articles 26 and 28 of this Code, except for disputes specified in Clause 7, Article 26 of this Code;
b) Business and commercial disputes specified in Clause 1, Article 30 of this Code;
c) Labor disputes specified in Article 32 of this Code.
(2) The district-level People’s Court is competent to handle the following requests:
a) Civil requirements specified in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10, Article 27 of this Code;
b) Marriage and family requirements specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 29 of this Code;
c) Business and commercial requirements specified in Clauses 1 and 6, Article 31 of this Code;
d) Labor requirements specified in Clauses 1 and 5, Article 33 of this Code.
(3) Disputes and requests specified in Clauses 1 and 2 of this Article where the involved parties or assets are located abroad or require judicial entrustment to the representative agency of the Socialist Republic of Vietnam overseas, to a foreign competent court or agency that is not under the jurisdiction of the district-level People’s Court, except for the case specified in Clause 4 of this Article.
(4) The People’s Court of the district where the Vietnamese citizen resides, annuls the illegal marriage, settles the divorce, and disputes over the rights and obligations of husband and wife, parents and children, regarding the receipt of marriage. father, mother, child, adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas with Vietnam in accordance with this Code and other provisions of Vietnamese law.
Next, the People’s Court of the province has jurisdiction to settle according to first-instance procedures the following cases:
a) Disputes over civil, marriage and family, business, commercial, and labor matters specified in Articles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the Courts district-level people’s courts specified in Clauses 1 and 4, Article 35 of this Code;
b) Civil, marriage and family, business, commercial and labor requirements specified in Articles 27, 29, 31 and 33 of this Code, except for requests falling under the Court’s jurisdiction, district-level people’s courts specified in Clauses 2 and 4, Article 35 of this Code;
c) Disputes and requests specified in Clause 3, Article 35 of this Code.
Provincial-level People’s Courts are competent to settle according to first-instance procedures civil cases falling under the jurisdiction of the district-level People’s Courts specified in Article 35 of this Code, which the provincial-level People’s Courts shall decide on their own. they take it up for settlement when it is deemed necessary or at the request of the district-level People’s Court.
In the special case specified in Clause 4, Article 35 of the 2015 Civil Procedure Code, if the divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the same area, In border areas with Vietnam, the jurisdiction belongs to the district-level People’s Courts.
Consent to divorce with foreigners in Vietnam
o Application for recognition of consent for divorce (according to the court’s form).
Note: If the signer is a foreigner, it must be certified by the Vietnamese embassy abroad (for Vietnamese people) or certified by a competent foreign agency (for foreigners). .
o The original marriage certificate (if any), in case the original marriage certificate is lost, a copy certified true copy of the original issued by a competent State agency must be clearly stated in the document. petition.
o ID card (Passport); Passport (certified copy) of both parties.
o Copy of the child’s birth certificate (if any).
o Certified copies of vouchers and documents on property ownership (if there is a property dispute).
o Documents proving that one party is abroad (if any)
Note: If both parties register their marriage under foreign law and want to get a divorce in Vietnam, they must have a consular legalization of the marriage registration certificate (which is the certification of the seal, signature by the competent authority of Vietnam). , titles on foreign papers and documents so that those papers and documents can be recognized and used in Vietnam) and complete the procedures for making notes in the register at the Department of Justice before filing for divorce. .
Order and procedures for consent to divorce involving foreign elements:
o Step 1: Submit the application file at the People’s Courts of provinces and centrally run cities.
o Step 2: Within 5 days after receiving the application for recognition of consent for divorce, the Court must accept it and notify the involved parties to pay the security advance.
o Step 3: Within 7 days from the date of receiving the court’s notice of the payment of the court fee advance, the petitioner will have to pay the court fee advance at the Provincial Civil Judgment Execution Department.
o Step 4: After accepting the divorce request, the court will conduct conciliation according to the provisions of the civil procedure law:
– The court conciliation is successful, both husband and wife are reunited, the court will record and request both parties to withdraw the application.
The unsuccessful conciliation court will make a record of the voluntary divorce and the unsuccessful reconciliation. Within 15 days from the date of making the minutes, if the husband and wife have no change of opinion, the court shall issue a decision recognizing the consent of the divorce.
Resolution time:
From 1 to 4 months.
Note:
• Husbands do not have the right to request divorce in cases where the wife is pregnant, giving birth or raising a child under 12 months old.
• It is necessary to confirm that all issues of child custody, alimony, and property division have been agreed (or agree to separate the request for division of marital property into another case after the divorce).
• In case of divorce in absentia, the time period is from 12 to 24 months (due to the procedure for judicial entrustment);
• Judicial entrustment fee: 5 million VND (list of court fees and court fees)
• Documents sent from abroad must have consular legalization and translation;
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Frequently asked questions
According to Article 127 of the Law on Marriage and Family, divorce with foreign elements applies to the following subjects:
“first. Divorce between Vietnamese citizens and foreigners and between foreigners permanently residing in Vietnam shall be settled at a competent agency in accordance with this Law.
In case the party is a Vietnamese citizen and does not permanently reside in Vietnam at the time of the divorce request, the divorce shall be settled according to the law of the country where the husband and wife reside together; if they do not have a common place of permanent residence, it shall be according to Vietnamese law.
The settlement of foreign immovable property upon divorce shall comply with the law of the country where such immovable property is located.”
In the case where husband and wife jointly request a divorce, if it is found that the two parties really voluntarily divorce and have agreed on property division, the care, rearing, care and education of children on the basis of assurance legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; if an agreement cannot be reached or an agreement is reached but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce according to general procedures.
The competence to settle divorces involving foreign elements is prescribed in the Law on Marriage and Family and the Civil Procedure Code.
According to the 2014 Law on Marriage and Family, the jurisdiction to settle divorces involving foreign elements belongs to the district-level People’s Courts (Clause 3, Article 123).
According to the 2015 Civil Procedure Code, there is a consensus on jurisdiction compared to the old Civil Procedure Code. According to the provisions of Clause 1, Article 28 and Point a, Clause 1, Article 35, the jurisdiction to settle divorces involving foreign elements belongs to the district-level People’s Courts (formerly belonged to the provincial-level People’s Courts).
Conclusion: So the above is Consent to divorce with foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
