Divorce in Vietnam, procedures involving foreign elements

In Vietnam, divorce procedures involving foreign elements can be somewhat complex, particularly when it comes to issues such as jurisdiction, applicable laws, and the recognition and enforcement of foreign judgments. It is important to note that divorce procedures can vary depending on the specific circumstances of each case, and it is advisable to consult with a qualified family law attorney in Vietnam who can provide guidance based on your individual situation. Please contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for the best advice and support.

1. What is divorce involving foreign elements?

Article 127 of Family and Marriage Law 2014 states regarding marriage involving foreign elements as follows:

• 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 the estate of a divorced couple in a foreign country must comply with the law of the country where such immovables are located.

Accordingly, a divorce involving a foreign elements is the termination of husband and wife relationship under a legally effective judgment or decision of a court, in which one of the spouses is a foreigner, or both husband and wife are foreigners permanently residing in Vietnam. 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.

2. Where to file a petition for divorce involving foreign elements?

In Vietnam, the appropriate court to file a petition for divorce involving foreign elements depends on the specific circumstances of the case. Generally, the court with jurisdiction over divorce cases is the Court of the province or city where either spouse resides or where the marriage registration was originally conducted.

If you are involved in a divorce case with foreign elements, such as one spouse being a foreign citizen or if the marriage was registered in a foreign country, you may need to consult with a lawyer or legal expert in Vietnam who can provide personalized advice based on your situation. They will be able to assess the specific details and guide you on the correct court to file your divorce petition.

Divorce in Vietnam, procedures involving foreign elements

It is important to note that legal procedures and requirements can vary, so it is advisable to seek professional legal assistance to ensure your divorce proceedings in Vietnam are conducted properly and in accordance with the local laws and regulations.

3. Which authority has the jurisdiction to settle a divorce involving foreign elements?

3.1. Determine jurisdiction in general

Jurisdiction refers to the authority or power of a particular court or legal system to hear and decide cases. It establishes the boundaries within which a court can exercise its authority. Determining jurisdiction involves assessing whether a court has the legal authority to hear a specific case based on various factors, such as the subject matter of the case, the parties involved, and the geographical location. According to Articles 28 and 29 of Civil Procedure Code 2015, Court is the competent authority to settle divorce formalities in general and marriage involving foreign elements in particular.

3.2. Determine jurisdiction by level

Jurisdiction can be determined by different levels, depending on the context. It is important to note that the specific levels and divisions of jurisdiction may vary between different countries and legal systems. According to Clause 1, Article 37 of Civil Procedure Code 2015, Courts of provinces shall have the jurisdiction to settle divorce involving foreign elements.

3.3. Determine territorial jurisdiction

Pursuant to Article 39 of Civil Procedure Code regarding territorial jurisdiction of courts over civil cases, the Courts of the localities where the defendants reside or work unilateral divorce); the Courts of the localities where the husband and wife or either of them reside or work (divorce by mutual consent).

Therefore, considering above provisions, the jurisdiction to settle divorce cases involving foreign elements belongs to Court of the provinces where the defendants reside or work unilateral divorce) or the Courts of the provinces where the husband and wife or either of them reside or work (divorce by mutual consent).

Under special cases set out in Clause 4, Article 35 of Civil Procedure Code 2015, in case of marriage between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam, the jurisdiction belongs to the Courts of the districts.

4. Procedures and documents for divorce involving foreign elements

4.1. Divorce procedures:

The divorce procedures involving foreign elements are carried out with specific steps as follows:

• Step 1: Submit the documents prepared according to above instructions on filing for divorce involving foreign elements at the competent Court.
• Step 2: If filing documents are complete and valid, the Court will send a notice of advance payment to the applicant. Handling period: 7-15 days.
• Step 3: The applicant makes advance payment of the fee of court for civil case at the competent civil judgment enforcement branch. Then, he or she submits the receipt thereof to the Court.
• Step 4: The Court commences a mediation session at the court according to the provisions of first-instance procedures.

Handling period for divorce involving foreign elements: 4-6 months from the date of the receipt of Court of case as prescribed by Civil Procedure Code 2015.

4.2. Documents:

Including:

• Petition for divorce / petition for acknowledgment of divorce by mutual consent (in form issued by the Court).
• Original copy of the certificate of marriage (if available), true copy issued by competent authority is accepted (if the original copy of the certificate of marriage is lost).
• ID card /ID of Citizen / Passport and Household Register (certified copy).
• Copy of birth certificate for any child (if any).
• Certified copy of papers and documents related to the property ownership title under dispute (in case of any dispute over property).
• Supporting documents as evidence that one party is overseas (if any).

Notes: In case the two parties register their marriage under foreign law and want to carry out divorce procedures in Vietnam, it is necessary to apply for legalization of the certificate of marriage by consulate office and carry out the procedures for registration at the Department of Justice, then proceed to file a petition for divorce at the court.

5. How much is the fee of court for divorce involving foreign elements?

Court fees for a divorce involving foreign elements is determined in accordance with Resolution No. 326/2016/UBTVQH14, including:

• Court fees for the trial of the case of divorce by mutual consent without any dispute over property is 300,000 VND.
• Court fees for the trial of the case of divorce involving foreign elements and unilateral divorce is 300,000 VND. Besides, in case of unilateral divorce involving foreign elements and dispute over property of which value is 6,000,000 VND or higher, it is required to pay fee for request for division of property at a percentage of value of property under dispute.
• Fee for entrusting judicial authority for verification at a foreign authority is 200,000 VND.

Divorce in Vietnam procedures involving foreign elements

If the client has any difficulties or any questions about divorce Procedures Involving Foreign Elements in Vietnam, do not hesitate to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for the best advice and support.

Apolo Lawyers always provides high-quality professional legal services. The customer information is strictly confidential. For us, the key to success is always to provide customers with the greatest peace of mind and benefits.

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