Although divorce procedure involving foreign elements under Vietnamese law is a fairly complicated term; it is much easier in normal cases. Thus, what is divorce involving foreign elements, and what are the procedures? LSX will give you a look at this issue.
- Law on Marriage and Family 2014
- Civil Procedure Law 2015
What is divorce involving foreign elements?
Hence the law, a divorce involving foreign elements means a divorce between a Vietnamese citizen and a foreigner, Vietnamese living aboard; between the parties are foreigners but living permanently in Vietnam.
Hence Article 127, Law on Marriage and Family 2014, the listed cases will be considered as divorce involving foreign elements:
- Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
- In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce; the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.
- The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country; where such immovables are located.
Jurisdiction to settle divorce involving foreign elements
Following the provisions of Article 35, Civil Procedure 2015 and Article 123 Law on Marriage and Family; the competence to settle divorces involving foreign elements belongs to the district-level People’s Courts.
Dossier for divorce
Accordingly, a dossier for divorce procedure involving foreign elements will contain these documents:
- Applications for divorce.
- Copy of ID card or personal identification paper (Passport, Citizen Identification Card); Passport (with a copy of the original)
- Original Marriage Certificate; if not, submit a certified copy of the original by a competent state agency.
- Notarized or certified copies of the children’s birth certificates (if there are children) Certified copy of ID card
- Copies of vouchers and documents on property ownership (if there is a dispute)
Divorce procedure with foreigners under the Law
The divorce procedure involving foreign elements under Vietnamese law will require the following steps.
Step 1: Submit the dossier for divorce at the competent court
Afterward filling the dossier for divorce, the applicant submits it at the district-level People’s Courts; where the defendant is living or working.
Step 2: Dossier evaluation
Then, under 7-15 days, if the court accepts the application, considers it in accordance with its competence; it shall issue a notice of payment of the court fee advance to the applicant
Subsequently, the applicant shall pay the court cost advance at the competent Civil Judgment Enforcement Sub-department; and return the court fee advance receipt to the Court. Then, the court accepts the divorce case; and issues a notice of acceptance of the case to the procuracies of the same level and the defendant.
Step 3: Conduct divorce procedure
Although it was not mentioned in the regulation, the court might open a meditation session beforehand.
Lastly, the court will conduct the divorce proceeding following the first instance procedures.
Timelimit for settlement
On the basis of law, the time limit for trial preparation is from 4 to 6 months from the date of acceptance of the case. Whereas, the time limit for opening a court session is from 1 to 2 months from the date of issuance of the decision to bring the case to trial. However, the processing time might vary from case to case.
Who are foreigners under Vietnamese Law?
Foreigners are persons bearing the nationalities of other countries, who are studying, working, living in the Vietnamese territory.
If both parties register their marriage in other countries, could they divorce in Vietnam?
If both parties want to divorce in Vietnam; they must legalize the marriage registration certificate, complete the procedures in the register at the Department of Justice ahead.
Can the court adjudicate in the absence of the litigant?
The answer is no. Accordingly Article 85, Civil Procedure Law 2015, litigant must not give other persons the right to participate in the proceedings on their behalf.