Currently, with the development of international civil exchanges, residents in different countries not only stop at buying and selling, exchanging goods, etc., but can also marry each other and from It forms the marriage relationship with the foreigner. However, the marriage relationship with a foreigner is considered a complex social relationship, especially in divorce. So about the matter “Law on divorce with foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Civil Procedure Code 2015.
- Law on Marriage and Family 2014.
- Law on entry, exit, transit and residence of foreigners in Vietnam 2019.
What is a divorce from a foreigner?
Divorce concept
Pursuant to Clause 14, Article 3 of the Law on Marriage and Family 2014 stipulates: “Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court.”
Marriage and family relations with foreign elements
Pursuant to Clause 25, Article 3 of the 2014 Law on Marriage and Family: “Marriage and family relations involving foreign elements are marriage and family relations in which at least one party is a foreigner, overseas Vietnamese; marriage and family relations between the parties involved are Vietnamese citizens, but the grounds for establishing, changing or terminating such relationship according to foreign laws, arising abroad or property related to the relationship that system is abroad.”
In particular, according to the provisions of Clause 1, Article 3 of the Law on entry, exit, transit and residence of foreigners in Vietnam in 2019, “Foreigner is a person who carries papers determining the nationality of the country.” foreigners and stateless persons entering, exiting, transiting or residing in Vietnam.”
Divorce is also a part of marriage and family relationships. Therefore, it can be understood that a divorce with foreign elements is the termination of the husband and wife relationship according to a judgment or decision of a Court in which at least one party is a foreigner or a Vietnamese residing in a foreign country. outside; or between the divorcing parties who are Vietnamese citizens but the grounds for the divorce are under foreign law or related assets in foreign countries.
According to Article 127 of the Law on Marriage and Family 2014:
“Article 127. Divorce involving foreign elements
1. 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.
2. 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.
3. The settlement of foreign immovable property upon divorce shall comply with the law of the country where such immovable property is located.
Divorce with a foreigner can be understood as the termination of the husband-wife relationship according to a court judgment or decision in which one spouse has foreign nationality and the stateless person enters or exits, transit or reside in Vietnam.
Therefore, a divorce with a foreigner belongs to the case of divorce with foreign elements.
Law on divorce with foreigners in Vietnam
Authorities competent to settle divorces with foreigners
- Jurisdiction of Vietnamese Courts
– According to the provisions of Clause 1, Article 127 of the Law on Marriage and Family 2014, “Divorces between Vietnamese citizens and foreigners, between foreigners and each other permanently residing in Vietnam shall be settled at the competent agencies. competent Vietnam according to the provisions of this Law”.
– According to the provisions of Clause 2, Article 123 of the Law on Marriage and Family 2014, “The competence to settle marriage and family cases involving foreign elements at the Court shall comply with the provisions of the Criminal Procedure Code. civil litigation”.
– According to the provisions of Articles 28 and 29 of the Civil Procedure Code 2015, the Court has the authority to settle divorce cases.
General jurisdiction: According to the provisions of Point d, Clause 1, Article 469 of the 2015 Civil Procedure Code, the Vietnamese courts have general jurisdiction to settle divorce cases involving foreign elements in which the plaintiff or defendant is Vietnamese citizens or foreign involved parties residing, doing business and living long-term in Vietnam.
- Jurisdiction of the Court by level
Pursuant to Clause 2, Article 123 of the Law on Marriage and Family 2014, “The competence to settle marriage and family cases involving foreign elements at the Court shall comply with the provisions of the Civil Procedure Code. the thing.”
Accordingly, the Civil Procedure Code 2015 stipulates the competence to settle divorces involving foreign elements at the Court as follows:
– According to Clause 3, Article 35 and Article 37 of the 2015 Civil Procedure Code, the jurisdiction to settle divorces involving foreign elements belongs to the People’s Courts of the province.
– In the special case specified in Clause 4, Article 35 of the 2015 Civil Procedure Code, the district-level People’s Court of the place where the Vietnamese citizen resides is competent to settle divorces, disputes about rights and obligations of husband and wife, parents and children between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas with Vietnam.
- Jurisdiction of the Court by territory
– In case of consent to divorce: The court of the place where the spouse resides or works has the authority to handle requests for recognition of consent for divorce, agreement on child rearing, and property division upon divorce according to the provisions of Point a of this Clause. h Clause 2 Article 39 of the 2015 Civil Procedure Code.
– In case of unilateral divorce: According to the provisions of Clause 1, Article 39 of the 2015 Civil Procedure Code, in case the parties have a written agreement on the Court to settle, the jurisdiction belongs to the Court according to the provisions of the Law on Civil Procedure. selection of parties, if the two parties do not reach an agreement, the Court where the defendant resides or works has jurisdiction to settle. For the case where the defendant does not have a place of residence or work in Vietnam, the plaintiff may request the Court of the place where he/she resides or works to settle it according to the provisions of Point c, Clause 1, Article 40 of the Civil Procedure Code. 2015. In case the plaintiff does not know the defendant’s place of residence or work, the plaintiff may request the Court of the place where the defendant resides and works to finally settle it according to the provisions of Clause 1, Article 40 of the Code. Civil litigation 2015.
Divorce file with a foreigner
To get a divorce from a foreigner, you need to prepare the following divorce documents:
• Petition for divorce (compared to the case of unilateral divorce) or Petition for acceptance of divorce consent signed by both spouses (compared to the case of consent to divorce) .
• The original marriage registration certificate (the paper must be intact, not erased or torn); in case the original marriage certificate is lost, a copy certified by a competent state agency must be submitted.
• Identity card, Citizen ID card or Passport of the spouse.
• Household registration of the family home.
• Birth certificates of children (if they already have children).
• Documents proving ownership of the joint property or debt.
• Documents proving that one party is abroad (if any).
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Please see more
- Divorce procedures for people living abroad under Vietnam law
- Appeal for divorce judgment under Vietnam law
- Proving separate property before marriage under Vietnam law
Frequently asked questions
Step 1: Submit the petition for divorce at the competent People’s Court;
Step 2: Receive the application processing result;
Step 3: Pay first-instance civil court cost advance at a competent civil judgment enforcement agency and return the receipt of unilateral court cost advance to the Court;
Step 4: The court will convene to take testimony, conciliate and conduct procedures in accordance with the Civil Procedure Law.
Step 5: In case the court does not accept the divorce request, the divorce petitioner has the right to appeal to the immediate superior court for appellate trial in accordance with the law.
According to the provisions of Clauses 2 and 3, Article 127 of the Law on Marriage and Family 2014, on divorce involving foreign elements:
In case one party is a Vietnamese citizen who does not permanently reside in Vietnam at the time of requesting a divorce, 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 property being immovable property in a foreign country upon divorce shall comply with the laws of the country where such immovable property is located.
The development of the market economy has led to many changes in social relationships, including divorce. Divorce with a foreigner is a relatively complicated matter, with possible conflicts of law in the divorce settlement process. Therefore, understanding the provisions of the law related to divorce procedures with foreigners will help the spouses save time, effort and achieve their goals.
According to the provisions of Clause 4, Article 85 of the 2015 Civil Procedure Code, on representatives: “For divorce, the involved parties may not authorize another person to participate in the proceedings on their behalf”. Therefore, in order for the Court to have jurisdiction over the divorce, the spouses must be present at the Court at least once in the case of a consent divorce.
Conclusion: So the above is Law on divorce with foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
