When married life becomes serious and the purpose of marriage is not achieved, divorce is the last option. Procedures for settling divorce requests in which the involved parties are all Vietnamese citizens are not complicated and are accepted and settled by the district-level People’s Courts. However, in reality, many divorce cases involving foreign elements are disputed by foreigners, complicated procedures, and the district-level People’s Courts do not have jurisdiction. So about the matter “Time limit for divorce with foreign elements in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Marriage and Family 2014
- Civil Procedure Code 2015
Features of divorce with foreign elements
Divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of a court.
In this case, you do not specify whether one of your husbands or wives is Vietnamese or foreign. It should be divided into the following cases:
One side is a foreigner:
Divorce involving foreign elements under the Law on Marriage and Family 2014 is as follows:
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 laws of the country where such immovable property is located.
Divorce is a personal relationship, so it cannot be transferred to another individual. Therefore, your friend’s divorce must be done by your friend. Lawyers who only participate in the role of protecting your rights and interests at Court must comply with the law and guide and prepare documents and documents for you (with some types of papers). Pursuant to Article 468 of the 2015 Civil Procedure Code:
The involved parties are foreigners, foreign agencies and organizations, branches and representative offices in Vietnam of foreign agencies and organizations, international organizations, representative offices of international organizations in Vietnam. Foreigners and foreign states participating in proceedings at Vietnamese courts have the right to defend themselves or ask lawyers or other people to protect their legitimate rights and interests in accordance with Vietnamese law.
Time limit for divorce with foreign elements in Vietnam
Up to the deadline for opening a court session, a conciliation meeting under Clause 2, Article 476 of the 2015 Civil Procedure Code:
a) The conciliation meeting must be opened at the earliest 6 months and no later than 8 months from the date of issue of the written notice of acceptance of the case. The date of reopening the conciliation meeting (if any) shall be fixed within 01 month from the date of opening the conciliation meeting;
b) The court hearing must be opened at the earliest 9 months and no later than 12 months from the date of issuing the written notice of acceptance of the case. The date of reopening the court hearing (if any) is fixed within 1 month from the date of opening the court session, except for the case specified in Clause 4, Article 477 of the Civil Procedure Code 2015.
The above time has not yet confirmed the judicial entrustment procedures (if any), the time limit for considering papers and documents of foreign competent authorities, the time limit for adjudicating civil cases…
Resolving legal conflicts over marriage and divorce involving foreign elements
Thus, it can be seen that the time to settle a divorce with foreign elements is quite long. The fastest divorce case to be resolved is more than 1 year.
Cases to note when the divorce has foreign elements
(i) The involved parties are foreigners who are not residing, doing business, studying or working in Vietnam and are present or not present in Vietnam at the time the Court accepts the civil case;
(ii) The involved parties are Vietnamese residing, doing business, studying or working abroad and are present or not present in Vietnam at the time the Court accepts the civil case;
(iii) The involved parties are foreigners who reside, do business, study or work in Vietnam but are not present in Vietnam at the time the Court accepts the civil case;
(iv) The involved parties are Vietnamese who reside, do business, study or work in Vietnam but are not present in Vietnam at the time the Court accepts the civil case;
(v) Agencies and organizations, regardless of whether they are foreign agencies or organizations or Vietnamese agencies and organizations, without having a head office, branch or representative office in Vietnam at the time the Court accepts them. civil case.
Difficulty in divorce with foreign elements
Normally, in divorce cases, the territorial court with jurisdiction to handle the case is the court where the defendant resides. However, in the case of a unilateral divorce with the defendant being a foreigner or Vietnamese residing abroad, the plaintiff (the petitioner requesting divorce settlement) has the right to choose the Court where he/she resides. work to solve. In this case, in fact, many people think that the place where the plaintiff resides is merely a place of permanent residence. However, according to the Law of Residence, place of residence includes a place of permanent residence or a place of temporary residence. Therefore, the plaintiff can choose the Court where there are more favorable conditions to settle the divorce. Please add that the legal temporary residence recognized by the Court must meet the prescribed legal procedures, have a temporary residence book or be certified by a local competent authority.
In many cases, even though the Court’s jurisdiction has been properly determined, the Court still cannot accept the divorce case because other than the Respondent’s address according to the Marriage Certificate, the petitioner cannot provide add any other information to the Court. For some courts, it is more difficult to not accept lawsuit files or receive files but issue notices requesting amendments and supplements to lawsuit petitions or providing additional documents and evidences. . This will make the divorce process lengthy and difficult from the very beginning.
Therefore, the person wishing to get a divorce in Vietnam must request the Respondent to provide a permanent address or current contactable address and documents proving that address such as a Certificate of land use right, household registration book, business license owned by the Respondent,
However, due to conflicts in marital life, the Respondent does not always support to provide the address or conditionally send documents proving the residential address to Vietnam for the petitioner. At that time, the petitioner can make an application with a commitment to the accuracy of the address of the respondent and mention the reason for not being able to collect these documents to send to the Court and submit with the lawsuit file initially to facilitate the receipt and acceptance of the case at the Court.
Please note further that, in the case of an amicable divorce and all documents are provided, when the documents are sent to Vietnam from abroad, they must be consularly legalized at the diplomatic mission of Vietnam located in Vietnamin the country in which the respondent resides. When returning to Vietnam, these documents must be translated together with the above-mentioned consular legalized documents and submitted to the Court. Only then will the dossiers sent from abroad be considered legal, valid and recognized by the Court.
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Please see more
- Jurisdiction to settle divorce with foreigners in Vietnam
- Law on divorce with foreigners in Vietnam
- Proving separate property before marriage under Vietnam law
Frequently asked questions
According to the law, just like a domestic divorce, when a divorce has a domestic element, the property is still divided on the condition that there are documents proving that it is the common property of the husband and wife.
Unilateral divorce is understood as a divorce at the unilateral request of one party, which occurs when only one spouse requests a divorce due to an unsatisfactory marital life; when husband and wife dispute over property, children (child custody, child support, etc.). The unilateral divorce must have grounds, proving that the marital status is serious.
There are two types of foreign divorce proceedings. That is:
• Consensual divorce, also known as consensual divorce: A type of divorce at the request of husband and wife on the basis of consensus on divorce, property division and children.
• Unilateral divorce: A divorce at the request of one of the spouses; or there is a dispute over the division of property and children. And usually divorce procedures (especially divorce procedures with foreigners) are often difficult and time consuming due to the absence of husband or wife during the divorce.
Conclusion: So the above is Time limit for divorce with foreign elements in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
