DIVORCE PROVISIONS IN VIETNAM 2022

Divorce is the termination of the marriage relationship recognized by the court or at the request of the spouse or both spouses. What documents are required for divorce? For how long? Especially, is there any difference in the divorce procedure for Vietnamese and foreigners according to Vietnamese law? The following essay of Doanh Tri Law will clarify the problem for you.

1. Legal basis

- Code of Civil Procedure of Vietnam 2015;

- Law on Marriage and Family 2014.

2. Divorce disputes settle authority

According to Articles 469 and 470 of the Civil Procedure Code 2015, the authority of divorces settling involving foreign factorials belongs to the Provincial-level People's Courts.

In the special case specified in Clause 4, Article 35 of the Civil Procedure Code 2015, if the divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the same area, in border areas with Vietnam, the jurisdiction belongs to the District-level People's Courts.

In case the defendant does not have a place of residence, work or head office in Vietnam, the plaintiff has the right to choose a court to settle.

3. Pepare dossier for divorce procedures in Vietnam

- Petition:

+ In case both husband and wife agree to divorce, have agreed on the property division and children custody, they shall file a petition to request the Court to recognize the consensual divorce;

+ In case only one of the spouses requests a divorce, prepare a petition for unilateral divorce.

- Marriage registration certificate (original);

- Identity card/Citizen identification and household registration; Passport for citizens who are foreigners;

- Birth certificates of children (If there are children);

- Other documents and evidences evidencing common property (Certificate of land use rights; Vehicle registration certificate; etc.);

- Documents proving that one party is abroad (if any);

Note: If both parties registered their marriage under foreign law and want to get a divorce in Vietnam, they must obtain a consular legalization of the marriage registration certificate and complete the procedures for noting it in the register at the Department of Justice before submitting the divorce application in court.

4. Divorce procedures for foreign in Vietnam

Step 1: Submit petition at a competent court.

Step 2: After receiving the lawsuit petition and valid documents within 7-15 days, the Court examines the application and if it is complete, the Court shall notify the payment of the court fee advance.

Step 3: Pay the first-instance civil court cost advance at a competent civil judgment enforcement agency and return the court fee advance receipt to the Court.

Step 4: The court convenes and carries out the procedures in accordance with the law.

- In case of consensual divorce: The court will summon the husband and wife to mediate. If the mediation fails, the court will decide to recognize the agreement of the parties agreeing to divorce;

- In case of unilateral divorce:

+ The court takes the defendant's testimony and opinions and necessary documents for the settlement of the case;

+ In case the defendant is a foreigner and is in a foreign country: The court shall carry out the judicial entrustment procedure; Send the defendant the plaintiff's statement and notify them to send to the Court the testimony or related documents;

+ In case a Vietnamese person applies for a divorce with an overseas foreigner and can only provide the address of the last place of residence in Vietnam of the defendant, but cannot provide the address of the defendant in a foreign country. If, through their relatives, they do not provide the respondent's address and information to the Court as well as fail to comply with the Court's request to notify the defendant in order to send testimony back to the Court, this is considered a crime. In case the defendant intentionally hides the address, refuses to declare, refuses to provide necessary documents;

If the Court has requested the second time, but their relatives also refuse to provide the respondent's address and information to the Court as well as refuse to comply with the Court's request to notify the defendant of the Court's examination. The court brought the case to trial in the defendant's absence according to the general procedure.

After the trial, the Court shall immediately send to the defendant's relatives a copy of the judgment or decision for these people to transfer to the defendant, and at the same time conduct a public posting and sale of copies of the judgment or decision at the head office. The Commune-level People's Committee of the place where the defendant last resides and where the relatives of the defendant reside so that the litigant can use the right to appeal in accordance with the procedural law.

5. Divorce request processing time

Consensual divorce period time is about 1 to 4 months;

Unilateral divorce period time: The panel level lasts from 4 to 6 months (if the defendant is absent, there is a property dispute, etc., it may take longer). Appeallate levvel lasts from 3 to 4 months (if there is an appeal).

In case of divorce in the absence of foreigners, the time will be from 24 months (because the Court must carry out judicial entrustment procedures).

Note: If the wife is pregnant or the child is under 12 months old, the husband has no right to request a unilateral divorce.

The above article is our firm's perspective towards divorce provisions in Vietnam 2022. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
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