What is required for a divorce dossier for foreigners in Vietnam? Is there anything that needs special attention? Let’s find out in this article with LSX Law firm.
Legal Ground
- Law on Marriage and Family 2014
Divorce dossier for foreigners in Vietnam
The dossier to carry out divorce procedures for foreigners, in general, will also include the same documents required for Vietnamese. However, because there are special foreign factors, the application requires additional relevant documents. Specifically, the complete set of documents will include:
- Original marriage registration certificate.
- Notarized copies of birth certificates for common children, stepchildren of Vietnamese nationality.
- Confirmation of the defendant’s place of residence when applying for a unilateral divorce.
- Notarized copy of ID card, household registration of husband and wife who are Vietnamese, if requesting recognition of consent to divorce.
- Copy of ID card, diploma of interpreter supporting divorce proceedings at Court.
- Applications for divorce.
Documents for foreigners who do not reside in Vietnam
In addition to the above documents, in case the foreigners don’t reside in Vietnam, additional documents are:
- Consular legalization of a handwritten divorce application.
- Consular legalization Passport of foreigners.
Dossier for foreigners with long-term residence in Vietnam
Foreigners with long-term residence in Vietnam, in addition to the documents specified above, also need:
- Notarized copy of passport, temporary residence card of the foreigner.
- Application for divorce according to form of resolution 01/2017/NQ-HDTP
In case of consent to divorce for foreigners
Consent to divorce for foreigners, it is also necessary to have all the documents as prescribed above. In this case, the process will be simpler. For all issues that need property division; Custody of children; alimony and other issues have been agreed by the husband and wife. They just bring their divorce documents to court and write their agreements to ask the court to recognize them.
Provincial-level People’s Courts are competent courts to handle requests for recognition of consensual divorces with foreigners.
Time and procedures are the same as dealing with Vietnamese people. Specifically, the Court will issue a decision recognizing the consent of the divorce after 07 days from the date the parties write a self-declaration at the Court confirming their consent to divorce.
In case of divorce in Vietnam, but the marrige is registered abroad.
The divorce dossier would still include the following documents:
- Application for divorce;
- Copy of ID card (Passport)
- Household registration (notarized original);
- Original marriage certificate (if any); in case of loss of the original of the marriage certificate, a copy certified true of the original issued by a competent state agency must be submitted, but clearly stated in the petition;
- Copy of birth certificate (if you have children); – Copies of vouchers and documents on property ownership (if there is a property dispute);
- Important: complete the procedure of making notes in the register at the Department of Justice before filing for divorce. In case the parties do not make notes but still want a divorce, the divorce application must clearly state the reason for the divorce at the Department.
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Frequently asked questions
Foreigners residing in Vietnam, what do they need to file for divorce?
- Original marriage registration certificate.
- Notarized copies of birth certificates for common children, stepchildren of Vietnamese nationality.
- Confirmation of the defendant’s place of residence when applying for a unilateral divorce.
- Notarized copy of ID card, household registration of husband and wife who are Vietnamese, if requesting recognition of consent to divorce.
- Copy of ID card, diploma of interpreter supporting divorce proceedings at Court.
- Applications for divorce.
If I lose the original marriage certificate, can I get a divorce?
If the original marriage registration certificate is lost. You can apply for an extract of a copy of the marriage registration certificate at the People’s Committee where the marriage registration was previously performed. Specify in the divorce file the reason for not having the original marriage certificate. When applying for an extract of a copy, you need to bring your identity document (ID card/CCCD, household registration book) to prove your identity.
Divorce in case of marriage registration abroad, what should I pay attention to?
Divorce for the case of marriage registration abroad should
pay attention to the following points:
– Before the divorce, you need to complete the procedures for making notes in the register at the Department of Justice.
– In case the parties do not make notes but still want a divorce, the divorce application must clearly state the reason for not making a marriage note at the Department.
See more
Property Division in an International Divorce in Viet Nam
Who get custody of children in divorce in Viet Nam?
What is fees and Court fees for divorce with foreign elements?
Conclusion: So the above is Divorce dossier for foreigners in Vietnam 2021. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
