My husband and I are currently living and working in Hai Phong, my husband is a foreigner, I have been acquainted and have been married to him for about 3 years. Recently, we often quarreled, although we tried to heal but to no avail, we both decided to divorce. So about the matter “Fees for divorce with foreigners under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Resolution 326/2016/NQ-UBTVQH
- Civil Procedure Code 2015
What does an uncontested divorce mean?
According to Clause 14, Article 3 of the Law on Marriage and Family 2014 clearly states:
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
Also according to the Law on Marriage and Family, a spouse or both have the right to ask the Court to settle a divorce:
– If only the husband or wife requests a divorce, the divorce procedures shall be followed at the request of one party (unilateral divorce).
– If both husband and wife request a divorce, the divorce consent procedure will be followed.
Therefore, it can be understood that the divorce agreement is divorce when there is consent and agreement of both husband and wife.
According to Article 55 of the Law on Marriage and Family, conditions for the Court to recognize the consent of the couple to divorce, specifically:
In the case where husband and wife jointly request a divorce, if it is deemed that the two parties really voluntarily divorce and have agreed on property division, the care, rearing, care and education of their children on the basis of insurance. ensure the legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; If an agreement cannot be reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.”
It can be said that the real voluntariness of the husband and wife is a condition for the Court to recognize the consent of the divorce.
Consent with foreign elements is understood as what?
According to the provisions of Article 127 of the Law on Marriage and Family 2014, divorce involving foreign elements is as follows:
“Article 127. Divorce involving foreign elements
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 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 shall comply with the laws of the country where such immovable property is located.”
Thus, the case is considered to be a divorce with foreign elements when the above conditions are satisfied. Accordingly, when both husband and wife voluntarily sign the divorce petition; there are property agreements; children and related issues, then it is possible to proceed with divorce proceedings.
Cases identified as consensual divorce with foreign elements:
– According to the provisions of Clause 25, Article 3 of the Law on Marriage and Family 2014, the cases defined as marriage and family relations with foreign elements are as follows:
“Marriage and family relations with foreign elements are marriage and family relations in which at least one party is a foreigner or overseas Vietnamese; marital and family relations between the parties involved are Vietnamese citizens but the basis for establishment; change; terminate such relationship in accordance with foreign law; arising in a foreign country or the assets relating thereto in a foreign country.”
– Accordingly, to be determined as a consensual divorce with foreign elements when satisfying the requirements in terms of the subject or legal relationship and according to the provisions of Vietnamese law, the following three requirements are also satisfied: :
+ Both want a divorce and both sign the divorce papers.
+ Negotiate the issue of children and ensure the interests of children.
+ Negotiate property issues during divorce.
If only 1 of the above 3 requirements cannot be met, the divorce case will be determined by the Court as a unilateral divorce with a foreigner.
Divorce can be conducted at the request of both parties or at the request of one party. Where both husband and wife want a divorce and have reached an agreement on the issues of children; property will be determined to be a divorce at the request of both parties or in other words, a divorce is agreed upon.
Fees for divorce with foreigners under Vietnam law
In the case of an amicable divorce
In case of an amicable divorce with common property and the husband and wife have reached an agreement, they will not have to pay the court fee for dividing the property according to the value. Thus, the agreed divorce fee for the couple to pay is 300,000 VND according to the provisions of Resolution 326/2016/NQ-UBTVQH.
For unilateral divorce
For the case of unilateral divorce, the court fee that the husband and wife must pay when carrying out procedures at the first-instance court will be determined in the following two cases:
– Case 1: The court only deals with the marriage relationship
In this case, it is only necessary to pay the divorce court fee without a quota with the first-instance court fee of 300,000 VND.
– Case 2: Court settles marital relations, property, common children
For divorce cases with disputes over property (with quota), the court fee is determined according to the property value as follows:
+ Assets under VND 6,000,000: VND 300,000.
+ Assets from 6,000,000 to 400,000,000 VND: 5% of the disputed property value.
+ Assets from 400,000,000 VND to 800,000,000 VND: 20,000,000 VND + 4% of the excess 400,000,000 VND.
+ Assets from 800,000,000 VND to 2,000,000,000 VND: 36,000,000 VND + 3% of the excess 800,000,000 VND.
+ Assets from 2,000,000,000 to 4,000,000,000 VND: 72,000,000 VND + 2% of the excess of 2,000,000,000 VND.
+ Assets over 4,000,000,000 VND: 112,000,000 VND + 0.1% of the excess 4,000,000,000 VND.
There is also an offshore verification judicial entrustment fee of 200,000 VND.
Jurisdiction to settle divorce involving foreign elements
Competence to settle divorces involving foreign elements is prescribed in the Law on Marriage and Family and the Civil Procedure Code.
– According to Clause 3, Article 123 of the Law on Marriage and Family 2014, the jurisdiction to settle divorces involving foreign elements belongs to the district-level People’s Courts.
– According to the provisions of Clause 1, Article 28 and Point a, Clause 1, Article 35 of the 2015 Civil Procedure Code, the competence to settle divorces involving foreign elements belongs to the district-level People’s Courts.
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Please see more
- Consent to divorce when husband is abroad in Vietnam
- Divorce procedures for people living abroad under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
The answer is yes. Courts now often issue separate divorce petitions. This comes from the way each local works. However, in terms of basic content, these forms are all based on the form issued by the Council of Judges of the Supreme People’s Court.
Petition for divorce;
Passport/ID card/CCCD of husband and wife (certified copy);
Family book of/Temporary residence book/Temporary residence card of spouse (certified copy);
Original marriage certificate. In case the marriage registration is done in a foreign country, you need to carry out the procedures for notifying the marriage according to regulations.
Birth certificate of common child (certified copy).
Papers on common property, common debt (copy) in case of requesting court to divide property.
In case the defendant is overseas, a confirmation from the local government in Vietnam is required that the defendant has exited the country; or documentary evidence evidencing the address of the defendant in a foreign country.
Application for trial in absentia.
The other relevant papers.
Time for divorce by consent with foreigners: The time is about 1 to 4 months;
The time for a unilateral divorce with a foreigner: the first instance level is about 4 to 6 months (if the defendant is absent, there is a property dispute, etc., it may take longer). Appeal from 3 to 4 months (if there is an appeal).
In case of divorce in absentia, the time period is from 12 to 24 months (due to the procedure for judicial entrustment).
Conclusion: So the above is Fees for divorce with foreigners under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
