Procedures for Foreigners Divorce in Vietnam

Procedures for Foreigners Divorce in Vietnam. Courts Having Jurisdiction for Foreigners Divorce in Vietnam. Let us learn about this topic with LSX law firm as follow:

Legal Grounds for Foreigners Divorces in Vietnam

Pursuant 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 cases where the party is a Vietnamese citizen and 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 according to 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.”

In addition, the following legal documents are also applied in the process of settling foreign divorce proceedings:

Firstly, Civil Procedure Code 2015

Secondly, Law on marriage and family 2014

Thirdly, Decree 126/2014.

Courts Having Jurisdiction for Foreigners Divorce in Vietnam

Where to pay divorce fees in Vietnam. Pursuant to Point d, Clause 1, Article 469 of the 2015 Civil Procedure Code:” d) The divorce case in which the plaintiff or defendant is a Vietnamese citizen; or the involved parties are foreigners residing, doing business or living long term in Vietnam;” Thus, the procedure for divorce of a foreigner in this case falls under the jurisdiction of the Vietnamese Court.

Competence to settle divorce with foreigners in Vietnam. Therefore, based on Article 37 of the 2015 Civil Procedure Code, the foreigner divorce procedure falls under the jurisdiction of the People’s Court of the province where the defendant resides.

Except for cases falling under the jurisdiction of the district-level courts for divorcees in neighboring border areas with Vietnam according to Clause 4, Article 35 of the 2015 Civil Procedure Code.

Procedures for Foreigners Divorce in Vietnam

Step 1: Prepare foreign divorce documents

The composition of the divorce dossier includes:

Firstly, petition

Secondly, original marriage certificate

Thirdly, copy of ID card/CCCD/Passport

Fourthly, copy of child’s birth certificate

Finally, documents related to proving the common property of husband and wife.

Step 2: File a foreigner’s divorce at the Provincial People’s Court in Vietnam

Filing method: Can be filed directly at a competent court or submitted online, or by post. You can choose one of the three methods above, but you should file directly at the Court; and receive a receipt for the divorce process to be faster.

Step 3: Pay the court fee advance.

After receiving the foreign divorce dossier, if the Court finds that the dossier is complete; it shall issue a notice of payment of court fee advance.

Pay the court fee advance at the provincial-level judgment enforcement agency.

Return the receipt of the court fee advance to the Court to accept and resolve the divorce.

Step 4: Notice of acceptance of the case of divorce

Step 5: The court summons the involved parties to participate in the resolution of the divorce case

The court took the testimonies of the litigants. If the defendant is residing in a foreign country, the Vietnamese Court will perform judicial mandate to send the plaintiff’s testimony and request the defendant to provide testimonies, as well as necessary documents and evidence to settle the case.

There are two situations that occur when conducting divorce procedures for foreigners as follows:

In case involved parties are summoned to work and can be reconciled with each other over children and property; However, if you still voluntarily ask for a divorce, the Court will grant the divorce and issue a decision to recognize your consent.

In case the involved parties are summoned to work and after two unsuccessful conciliation attempts, the parties cannot reach an agreement on child rearing and division of common property, the Court will issue a decision to bring the case to trial and only trial within the scope of the litigant’s request.

If the parties ask to settle who is the person who directly raises the child, the Court considers the age of the child and the financial ability of the two of you to declare the child to be directly raised.

If the parties request to divide the common property, the Court will divide it according to the provisions of law.

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