Regulations to Be Aware of When Carrying Out Divorce Procedures with Foreign Elements

Regulations to Be Aware of When Carrying Out Divorce Procedures with Foreign Elements

For individuals who want to resolve a marriage in Vietnam, understanding the legal bases and procedures related to divorce with foreign elements is very important. This article,  Apolo Lawyers - Solicitors & Litigators (Tel:(+84) 903. 419. 479) will provide insights into the legal framework governing such cases in Vietnam, focusing on international divorce law, jurisdiction, cross-border divorce procedures and judgment recognition foreign divorce.

1. International divorce law in Vietnam

Vietnam, like many other countries, has own set of laws and regulations on divorce. These laws are mainly stated in the Vietnam Civil Code and apply to both Vietnamese citizens and foreigners residing in the country. When a divorce has foreign elements such as one or both spouses are not Vietnamese or have assets abroad, international laws and treaties may apply.

Regulations to Be Aware of When Carrying Out Divorce Procedures with Foreign Elements

2. Divorce Produces

Divorce is a complex legal procedure, and when it involves foreign elements, this process can become even more complicated. Below are the preparations required when carrying out divorce procedures with foreign elements in Vietnam:

2.1. Divorce Petition or Request for Recognition of Mutual Consent Divorce (according to the Courts template): This is the first and most crucial step to initiate the divorce process. This petition will provide detailed information about the divorce, the grounds for divorce, and information regarding the foreign elements.

2.2. Original Marriage Certificate (if available): If available, you will need the original marriage certificate. In case the original certificate is unavailable, you must submit a copy authenticated by the competent state authority.

2.3. Identification Card or Passport; Household Registration (certified copies): These documents are required to verify the identities of the parties involved in the divorce.

2.4. Copy of the Childs Birth Certificate (if children are involved): If there are children in common, you need to provide a copy of the childs birth certificate to establish parental rights and consider custody decisions.

2.5. Certified Copies of Relevant Documents and Ownership of Property (if property disputes exist): If there are disputes over property, you need to submit relevant documents and evidence to resolve this matter.

2.6. Documentation Proving One Party Is Residing Abroad (if applicable): If one of the parties resides in a foreign country, you should provide documentation and evidence related to the residence abroad.

Note: If you and your spouse registered your marriage according to foreign laws and wish to divorce in Vietnam, you must follow the consular legalization procedure for the marriage certificate and make a notation in the marriage registration book at the Department of Justice before submitting the divorce petition to the court.

Regulations to Be Aware of When Carrying Out Divorce Procedures with Foreign Elements

Steps for Divorce Procedure:

Step 1: Submit a valid divorce application to the competent Court.

Step 2: Within 7 - 15 days, the Court will review the application. If the application is complete and valid, the Court will send a notice for the advance payment of court fees.

Step 3: Pay the advance payment of civil court fees at the competent Civil Execution Agency and submit the payment receipt to the Court.

Step 4: The Court will hold a reconciliation session at the court and proceed with the divorce process based on simplified procedures.

The time frame for resolving divorce cases with foreign elements is typically 4 - 6 months from the date the case is accepted, as stipulated by the 2015 Civil Procedure Code. The court fees for a simplified divorce procedure are 300,000 VND if there are no property disputes. If property disputes exist, the court fees are determined based on the value of the property, as per Resolution 326/2016/UBTVQH14

3. Jurisdiction in foreign divorce cases

Jurisdiction issues can be especially difficult in international divorce cases. Determining which countrys courts have jurisdiction over a divorce can be influenced by a variety of factors, including the parties nationality, property location, and the location of children. It is essential to seek legal advice to ensure the case is filed in the appropriate jurisdiction.

Regulations to Be Aware of When Carrying Out Divorce Procedures with Foreign Elements

4. Recognition of divorce decisions of foreigners in Vietnam

After the divorce is approved abroad, the issue of whether the divorce judgment will be recognized and enforced in Vietnam may arise. Vietnamese law allows recognition of divorce decisions of foreigners but certain conditions must be met. In general, for a foreign divorce judgment to be recognized in Vietnam, the judgment must have the legal effect of the country where it was issued and must not violate the basic principles of Vietnamese law.

To request recognition of a foreign divorce judgment in Vietnam, an individual must apply to the Provincial Peoples Court where he or the wife resides. The court will review the application and supporting documents to determine whether the foreigners divorce judgment will be recognized and enforced in Vietnam.

Contact Apolo Lawyers via email: contact@apolo.com.vn and hotline: (+84) 903.419.479 for more information.

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