Divorce With Foreign Elements in Vietnam. The Difficult Situation When Solving Divorce With Foreign Elements. Let us learn about this topic with LSX law firm as follow:
Divorce With Foreign Elements in Vietnam
Procedures for Foreigners Divorce in Vietnam. Divorce is not the end but divorce is the beginning of happiness. Pursuant to Clause 1, Article 127 of the Law on Marriage and Family 2014; a divorce involving foreign elements is a divorce between a Vietnamese citizen and a foreigner; overseas Vietnamese; between foreigners and permanent residents in Vietnam; between Vietnamese people, but the grounds for establishing; changing or terminating such relationship are according to foreign laws or the property related to that relationship is abroad.
Accordingly, Clause 2, Article 3 of Decree 138/2016; a foreigner is a person who has no Vietnamese nationality, or a stateless person.
Pursuant to Clause 3, Article 3 of Decree 138/2016; “Overseas Vietnamese” means a person with Vietnamese nationality and a person of Vietnamese origin who is residing, doing business or living permanently abroad.
The Difficult Situation When Solving Divorce With Foreign Elements
When conducting divorce proceedings with foreign elements; The court has encountered many difficulties in entrusting the judiciary abroad to collect the defendant’s testimony, collect other evidences and documents if necessary, solicit expertise and other issues in the proceedings. . The factor for the court to decide to accept the divorce settlement with foreign elements is the judicial entrustment abroad; currently there are many difficulties and obstacles.
Regarding the defendant’s place of residence; Vietnamese people, when marrying foreigners, do not carefully study the foreigner’s living and residence addresses; leading to the situation that the foreigner’s address cannot be; identified or the foreigner’s address is not available; making it very difficult for the courts to determine the address. In many cases, the defendant in the case who is abroad; knowing that he or she is being; sued at the court, always tries to avoid and change his address, so the court cannot summon them to participate in the proceedings and has no legal handling skills.
Settlement of Divorce With Foreign Elements
Where to file for divorce with foreign elements in Vietnam? Pursuant to Point 2.1 of Resolution 01/2003: In case the litigant being the defendant is overseas and has no address; If there is no information or the address is hidden; so the domestic plaintiff cannot know their address or information, the settlement shall be as follows:
In case the address and information of the defendant cannot be identified; the court will suspend the resolution of the divorce case with foreign elements and guide the re-initiation of the district court to declare the defendant missing or dead. .
In case through their relatives, they still have contact with them but deliberately do not provide addresses and information; the Court considers this a case of hiding addresses, refusing to declare, refusing to provide documents to the Court . If the Court requests twice and their relatives still do not cooperate; the court will bring the case to trial in the defendant’s absence according to the general procedure.
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