Procedures for divorce with Chinese

by DungTran

Procedures for divorce with Chinese. Specifically, procedures for consensual divorce with Chinese and procedures for unilateral divorce with Chinese. Cost of divorce with Chinese people. Let us learn about this topic with LSX law firm as follow:

Procedures for consensual divorce with Chinese

  • Step 1: Prepare documents:

Submit divorce documents to the People’s Court of the province/city where the Chinese or Vietnamese are residing, including:

Firstly, divorce petition (should use the divorce form of the Court having jurisdiction);

Secondly, marriage certificate (original);

Thirdly, identity card/Citizen identity card of husband and wife (notarized/certified copy), Chinese identity document;

Fourthly, household book of husband and wife (notarized/certified copy);

In addition, child’s birth certificate (if any) (notarized/certified copy);

Finally, Proof of ownership, right to use common property of husband and wife (notarized/certified copy).

  • Step 2: The court issues a notice of court fee advance payment

Pay first-instance civil court cost advances and return court cost advance receipts to the Court;

  • Step 3: The court accepts the case

In this step, the Court will process the request for consent divorce according to general procedures and issue a decision to settle the case.

In case the Chinese are abroad, they must apply for the absence of the Chinese during the whole divorce settlement process at the Vietnamese court which has been consularly legalized. Can spouse reapply for the divorce petition after withdrawing it?

Procedures for unilateral divorce with Chinese

Procedure for unilateral divorce with Chinese people:

  • Step 1: Prepare documents:

Submit divorce documents to the People’s Court of the province/city where the Chinese or Vietnamese are residing:

Firstly, divorce petition (should use the divorce form of the Court having jurisdiction);

Secondly, marriage certificate (original);

Thirdly, identity card/Citizen identity card of husband and wife (notarized/certified copy), Chinese identity document;

Fourthly, Household book of husband and wife (notarized/certified copy);

In addition, Child’s birth certificate (if any) (notarized/certified copy);

Finally, Proof of ownership, right to use common property of husband and wife (notarized/certified copy).

  • Step 2: The court issues a notice of court fee advance payment

Pay first-instance civil court cost advances and return court cost advance receipts to the Court;

  • Step 3: The court accepts the case

In this step, the Court will process the request for consent divorce according to general procedures and issue a decision to settle the case.

If the Chinese are overseas, the Court will conduct the Judicial Entrustment activity to conduct consultations with Chinese citizens living abroad. Divorce by consent, Spouse has to go to Court for reconciliation or not?

Cost of divorce with Chinese

The court fee for a divorce without a quota for a Chinese is 300,000 VND.

The legal fees for divorce settlement are regulated as follows:

For assets valued at VND 6,000,000 or less, the court fee is VND 300,000;

Property valued from over 6,000,000 VND to 400,000,000 VND, the court fee is 5% of the value of the disputed property;

If the property is; valued between over VND 400,000,000 and VND 800,000,000, the court fee payable is 20,000. 000 VND + 4% of the disputed property value exceeding 400,000,000 VND;

For assets valued between over VND 800,000,000 and VND 2,000,000,000, the court fee shall be VND 36,000,000 + 3% of the disputed property value exceeding VND 800,000,000;

If the property is valued between over VND 2,000,000,000 and VND 4,000,000,000, the court fee will be VND 72,000,000 + 2% of the disputed property value exceeding VND 2,000,000,000

If the property is valued at more than VND 4,000,000,000, the court fee is VND 112,000,000,000 + 0.1% of the part of the disputed property value exceeding VND 4,000,000,000.

Contact us

Finally, hope this article about Procedures for divorce with Chinese is helpful for you!

In case you have any questions, don’t hesitate to get in touch with Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

What is divorce?

Divorce is the termination of the husband and wife relationship; according to a legally effective judgment or decision of a court. Divorce is done at the request of one party (unilateral divorce); or agreed upon and signed by both spouses (consenting divorce).

What is a consensual divorce?

Consent to divorce is the fact that both husband and wife feel that their marriage life is at an impasse, cannot continue, and cannot achieve the original marriage purpose

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