Guidance on procedures for extracting the latest divorce according to Vietnamese law
Divorce decision is the type of judgment with the most need for extracting when applying for a certificate of single status; or making documents proving marital status when buying and selling property. And when you want to apply for a divorce extract, you must follow certain procedures. If you do not know the procedure, it will take a lot of time. Therefore, LSX Lawfirm invites you to refer to the article about “Guidance on procedures for extracting the latest divorce according to Vietnamese law“, as follows:
Legal grounds
Law on marriage and family 2014
Civil Status Law 2014
What is a divorce quote?
Divorce extract is a copy of divorce content. This document is issued by the Court to prove the divorce event of an individual who has followed the unilateral divorce procedure. The divorce extract has an important meaning to verify the actual marital status of the citizen, if single, the decision to buy, sell and borrow is a personal decision that needs to be self-responsible; But when having a marriage relationship, it is necessary to consult the other person.
According to Article 3 of Decree 23/2015/ND-CP on the issue of copies from original books; authenticate the copy from the original, authenticate the signature; and contract authentication, transaction copies issued from the master book, certified copies have the following legal validity:
“1. Copies issued from the master register are valid for use instead of the originals in transactions unless otherwise provided for by law.2. A certified true copy from the original as prescribed in this Decree is valid instead of the original used for comparison and authentication in transactions unless otherwise provided for by law.”.
So, a copy of the extract has the same value as the original and is used in place of the original in the execution of transactions.
Please quote the divorce judgment when?
Extract of a divorce judgment is a document issued by a court to prove that the divorce event of an individual has followed unilateral divorce procedures.
This document has the same legal validity as the original divorce judgment, so when the divorce judgment is lost, torn, or damaged, the individual can request the competent agency to re-extract the divorce judgment.
Is it possible to authorize a divorce extract?
In case you want to authorize another person to request a divorce judgment extract; then, according to the provisions of law, the authorization to another person; It’s okay to do the procedure on your behalf to request an extract of the judgment. Thus, to carry out this authorization procedure, you need to prepare an authorization contract or power of attorney and this authorization contract or power of attorney needs to be notarized and authenticated in accordance with the law to be effective. enforcement force.
Guide to the latest divorce extract procedure
Step 1: Prepare divorce records
When requesting a divorce extract, you need to submit the following documents:
- Application for extract of divorce judgment. The application should clearly state the name of the case, the number and date of the divorce judgment.
- A copy of the applicant’s identity card or other valid alternative identification document.
- Power of attorney notarized or authenticated in case of authorizing another person to request an extract of the divorce judgment. If the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister, or younger brother, documents proving the relationship with the authorized person are required.
Step 2: Submit your application
Submit the above dossier at the People’s Court where the divorce case has been settled to be granted a divorce extract from the court.
Step 3: Receive and consider the request for divorce extract
When receiving the divorce extract request file, the application-receiving officer will send it to the Chief Justice of the Court for signature and approval.
They will then forward the file to the Office. The office will forward the file to the archiving officer.
Next, the archivist goes to the archive to find the requested divorce case file and photocopy the judgment and submit it to the Chief Justice/Deputy Judge for signature.
Step 4: Return the result
Within 7 working days from the date the person requesting the divorce judgment extract completes the application for divorce judgment extract, the court is responsible for making the divorce judgment extract for the requester.
How much does it cost to apply for a divorce?
The first is the costs to pay at court: In the List of Court Fees in Resolution 326/2016/UBTVQH stipulating the rates of collection, exemption, reduction, collection, payment, management, and use of court fees and fees When an individual requests the issue of copies of papers or copies of documents at the Court, the fee is 1,500 VND/page A4. The second is the cost of hiring a lawyer (if used). Lawyer X advises you to hire a law office to carry out this procedure. Because at a reasonable cost, you can solve the problem quickly and easily carry out the procedures that you need to do.
What is the deadline for a divorce extract?
Currently, the law does not stipulate the time limit for extracting divorce. Therefore, you can use the divorce extract to replace the divorce judgment in the necessary procedures.
Quick divorce extract service in 2022 of Lawyer X
Sometimes, because there is not much time, experience, and knowledge to carry out this procedure, the case is delayed; leading to the work to be done is not smooth. Lawyer X is pleased to provide a divorce judgment extraction service to assist you when in need. For this service, Attorney X will:
- Consulting to solve problems about extracts;
- Drafting dossiers of extracting valid papers;
- Representatives submit, receive and notify when there is information or need to exchange;
- The representative receives and hands over the results to the customer to use for work.
Benefits Lawyer X brings to clients
- Using the services of Lawyer X; We guarantee to help you prepare documents effectively and legally. You do not need to do the paperwork yourself.
- Using the copyright protection service of Lawyer X will save you time. You will not have to waste time preparing the application; submit application or receive processing results. At those stages, we will help you do it smoothly.
- Service costs are what customers care about. But, don’t worry, because the price we offer is guaranteed to be suitable for each specific case. Helping you to save maximum costs when using our services.
Related article
After a divorce, until when do parents have to support their children
Conditions for a unilateral divorce
Can parents ask for a divorce on behalf of their children?
Related questions
The People’s Courts at all levels allow marriage registrants to use the divorce extract instead of the original divorce judgment. Therefore, if the divorce decree is lost when registering for marriage, you should immediately carry out the procedure for applying for a divorce extract to be able to overcome this problem.
Within 7 working days; from the date on which the person requesting the divorce judgment extract fully submits the application for divorce judgment extract; The court is responsible for extracting the divorce judgment for the requester.
Pursuant to Article 269 of the 2015 Civil Procedure Code, the Court is the competent authority to extract divorce judgments. You must go to the People’s Court that has settled your divorce dispute to ask for an extract of the divorce judgment. When receiving the dossier requesting an extract of the divorce judgment, the application-receiving officer will send it to the Chief Justice of the Court for signature and approval. They will then forward the file to the Office. The office will forward the file to the archiving officer. Next, the archivist goes to the archive to find the requested divorce case file and photocopy the judgment and submit it to the Chief Justice/Deputy Judge for signature.
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