Divorce is the last option when husband and wife’s life becomes serious; The purpose of marriage is not achieved. However the current reality; there are many divorce cases involving foreign elements that have disputes; complicated procedures that the district-level People’s Courts do not have the authority to handle. Lawyer X notes to clients what the regulations on Divorce with foreign elements are and How to solving divorce with foreigners in Vietnam as follows:
Legal grounds
Law on marriage and family 2014
What is the divorce procedure with foreign elements?
Article 469. General jurisdiction of Vietnamese courts in settling civil cases involving foreign elements
Vietnamese courts have jurisdiction to settle civil cases involving foreign elements in the following cases:
a) The defendant is an individual who permanently resides, does business or lives in Vietnam;
b) The defendant is an agency or organization headquartered in Vietnam or the defendant is an agency or organization with a branch or representative office in Vietnam, for cases related to the branch’s operations; representative office of such agency or organization in Vietnam;
c) The defendant has property in the Vietnamese territory;
d) The divorce case in which the plaintiff or defendant is a Vietnamese citizen or the involved parties are foreigners residing; business; live permanently in Vietnam;
e) The civil relationship case that the establishment is; change; termination of such relationship occurred in Vietnam; the subject matter of such relationship is property in the Vietnamese territory or work performed in the Vietnamese territory;
f) Civil relations cases which are established or changed; termination of such relationship occurs outside the territory of Vietnam but is related to the rights and obligations of the agency; Vietnamese organizations and individuals or having their head office or residence in Vietnam.”
Divorce procedures with foreign elements
According to the provisions of Article 127 of the Law on Marriage and Family No. 52/2014/QH13 of the current National Assembly on Divorce involving foreign elements:
“1. The divorce between Vietnamese citizens and foreigners; between foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
In case the party being a Vietnamese citizen does not permanently reside in Vietnam at the time of requesting 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 foreign immovable property upon divorce shall comply with the laws of the country where such immovable property is located.”
The divorce proceedings are handled as follows:
Divorce files with foreign elements include:
Marriage certificate: Original marriage certificate. If the original marriage certificate is not available, it can be replaced with a copy issued by the state agency where the marriage registration is made;
Notarized or certified copies of the children’s birth certificates;
Documents of both parties include: Certified copy of ID card; Certified copy of household registration;
Divorce application: The divorce application is made by the non-resident party in Vietnam and consularly legalized and then transferred to the permanent resident in Vietnam to sign. Regarding common property and common children, the two parties can agree to settle or ask the court to settle and specify in the divorce application.
Location of application: Provincial People’s Court; Cities directly under the central government where the involved parties permanently or temporarily reside.
Time for settlement: in Article 203 of the 2015 Civil Procedure Code, it is stipulated that the maximum time to prepare for the trial of a divorce case is 04 months; if the case is complicated or has an objective obstacle, the extension may be extended for no more than 2 months. Within 01 month from the date of issuing the decision to bring the case to trial; The court must open a court session; in case of good cause; This period is 2 months. In fact, the time to resolve a divorce case can be shorter or longer than the time prescribed by law depending on the nature of each case.
Dossiers and documents for divorce cases involving foreign elements
For unilateral divorce
- Petition for unilateral divorce;
- The original marriage registration certificate;
- Certified copy of household registration book;
- Certified copy of ID card/CCCD/HC of husband and wife;
- A copy of the child’s birth certificate;
Documents and other evidences proving the property required to be divided such as certificates of land use rights, etc.
For an amicable divorce
- A petition to the People’s Court to recognize an uncontested divorce;
- The original marriage registration certificate;
- Certified copy of household registration book;
- Certified copy of ID card/CCCD/HC of husband and wife;
- A certified copy of the child’s birth certificate;
Documents and other evidence attached.
Order and procedures for filing a divorce application
Step 1: Submit application; valid documents on divorce application to the competent People’s Court;
Step 2: Within 7-15 days; The court examines the file. If the dossier is complete and valid, the Court will send a notice of court fee advance;
Step 3: Pay civil court cost advances at the competent Civil Judgment Execution Sub-Department and submit court fee advance receipts to the Court;
Step 4: The court opens a reunion mediation session and conducts divorce procedures at the Court according to first-instance procedures.
Steps to proceed with the unilateral divorce procedure
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.
Competence to handle divorce cases involving foreign elements
– Jurisdiction by Country:
Vietnamese courts have jurisdiction to handle divorce cases involving foreign elements; where the plaintiff or defendant is a Vietnamese citizen; or the involved parties are foreigners residing, doing business or living long-term in Vietnam according to the provisions of Article 469 of the Civil Procedure Code 2015
– Jurisdiction at court level:
According to Clause 3, Article 35 and Article 37 of the Civil Procedure Code 2015; The jurisdiction to settle divorces with water elements belongs to the provincial-level People’s Courts.
In the special cases specified in Clause 4, Article 35 of the Civil Procedure Code 2015; if the divorce case takes place between a citizen of a country in Vietnam residing in the border area and a citizen of a neighboring country who resides in the border area with Vietnam, the jurisdiction belongs to the people’s court of the same level. District.
– Jurisdiction of the Court by territory:
In case of consent to divorce: The court of the place of residence of the spouse:
In case of unilateral divorce: Court where the defendant resides
Processing time for divorce petitions involving foreign elements
- Consensus divorce involving foreign elements: From 03 to 04 months;
- Divorce unilaterally with foreign elements: The first instance level is about 4 to 6 months.
- In case of divorce in the absence of foreigners: From about 24 months (due to the court having to carry out judicial mandate procedures)
However; in fact, the time to settle a divorce case involving foreign elements may be longer if the defendant is absent; There are property and child custody disputes…
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Please see more:
Where to register for marriage with a foreigner in Vietnam?
Service of making marriage registration papers with foreigners in Vietnam
Law on divorce with foreigners in Vietnam
Frequently asked questions
According to Article 13 of the Law on Marriage and Family 2014:
In case the marriage registration is not within the competence, upon request, the competent state agency shall revoke or cancel the marriage certificate in accordance with the civil status law and request the two parties to perform the marriage registration. re-enact the marriage registration at the competent state agency. In this case, the marriage relationship is established from the date of previous marriage registration.
According to Article 55 of the Law on Marriage and Family 2014:
In the case where husband and wife jointly request a divorce, if it is found that the two parties really voluntarily divorce and have agreed on property division, the care, rearing, care and education of children on the basis of assurance legitimate interests of the wife and children, the Court shall recognize the consent of the divorce; if no agreement is reached or there is an agreement but the legitimate interests of the wife and children are not guaranteed, the court shall settle the divorce.
Conclusion: So the above is Solving 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
