Procedure for divorce with foreigners under Vietnam’s law

by HaTrang

Divorce with foreign elements is quite complicated in terms of divorce procedures. So if you do not know the provisions of the law, the divorce with foreign elements will be prolonged. So what is the law for divorce when the spouse is a foreigner? What procedures for divorce with foreigners in Vietnam? Let’s find out this issue with LSX Law firm.

Legal grounds

Law on Marriage and Family 2014

Civil Procedure Law 2015

What is a divorce with foreign elements?

Accordingly the Law, a divorce involving a foreign element is a request by the parties to terminate the husband and wife relationship between a Vietnamese citizen and a foreigner; or between a foreigner and a foreigner with each other permanently residing in Vietnam and settled at a competent Viet Nam agency accordingly the Law.

Divorce cases with foreign elements

According to Article 127 of the 2014 Law on Marriage and Family, divorce involving foreign elements includes specific cases such as:

  • Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
  • In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.
  • The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country where such immovables are located.

Authority to solve

Accordingly the provisions of Articles 28 and 29 of the Civil Procedure 2015; The settlement of marriage and family disputes or marriage and family claims are within the jurisdiction of the Court.

Accordingly the Civil Procedure Law 2015, the jurisdiction to settle divorces with water elements belongs to the provincial People’s Courts. In the special case if the divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the same area. In border areas with Vietnam, the jurisdiction belongs to the district-level People’s Courts.

Divorce dossier

Divorce dossier with foreign elements include:

  • Original Marriage Certificate (if any);
  • Notarized or certified copies of the children’s birth certificates (if there are children) Certified copy of ID card;
  • Certified copy of passport.
  • Divorce application: The divorce application is made by the non-resident party in Vietnam and consular legalized and then transferred to the permanent resident in Vietnam to sign.
  • Documents proving that one party is abroad.

Procedures for divorce with foreigners in Vietnam

The process of carrying out divorce proceedings with foreign elements includes the following steps.

Step 1. Submit a valid dossier for divorce at a competent court

The applicant, can choose to submit the application form including in person, at the court where the case has jurisdiction. The next method the parties can file a claim via postal service. Finally, file a lawsuit petition via email on the court’s web portal (if any).

Step 2. Examine dossier

Within 7-15 days, the court checks the file, if the file is complete and valid, the court will send a notice of court fee advance.

Within the statutory time limit after receiving the lawsuit petition and accompanying documents and evidences; if deeming that the case falls under the court’s jurisdiction, the judge must immediately notify the petitioner so that they can go to the court to carry out the procedures for paying the court cost advance in case they have to pay the court fee advance.

Step 3. Pay the civil court cost

Pay the civil court cost advance at the competent Civil Judgment Enforcement Sub-department and submit the court fee advance receipt to the Court. The person requested by the court to advance the court fee; must go to the Civil Judgment Execution Department to pay the court fee advance as prescribed. The amount of the court fee advance depending on the case, will have different numbers. Specifically, the amount of court fee advance is specified in Resolution No. 326/2016 / UBTVQH14.

Step 4. Mediation session and conducts divorce proceedings

The court opens a mediation session at court and conducts divorce proceedings at the Court accordingly first-instance procedures.

Time limit for settlement

Depending on the divorce case with specific foreign elements, the time limit for settlement varies. On the basis of law, the time limit for trial preparation is from 4 to 6 months from the date of acceptance of the case. The time limit for opening a court session is from 1 to 2 months from the date of issuance of the decision to bring the case to trial.

Hope this article “Procedures for divorce with foreigners” is useful for you! If you have any questions, please contact Lawyer X for quick and best legal services: 0833102102.

Related question

What is divorce?

Divorce is the termination of the husband and wife relationship; 
according to the legally effective judgment or decision of the Court.

What is Sham divorce?

Sham divorce means making use of a divorce to shirk property obligations; or violate the policy and law on population; or for another purpose other than that of terminating a marriage.

Which court has jurisdiction over the divorce
foreign elements?

Divorce cases with foreign elements will be settled by provincial people’s courts; cases of marriage in border areas; neighboring countries will be resolved by the district court.

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