GUIDE TO DIVORCE IN VIETNAM FOR FOREIGNERS – UPDATED 2024

1. GUIDE TO DIVORCE IN VIETNAM FOR FOREIGNERS – UPDATED 2023

WHAT IS DIVORCE IN VN?

In Vietnam, divorce is the termination of a marital relationship according to a legally effective court judgment or decision.
Therefore, it can be understood that when the Court's judgment or divorce decision takes effect, the marital relationship will legally end.
This means that even if the couple is separated, do not live together, or even have not contacted each other for many years, even tearing up their marriage certificate, they still do not file an application in court. divorce decisions and judgments, the marital relationship still exists legally.

2. WHO HAS THE RIGHT TO ASK FOR DIVORCE?

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According to Vietnamese law, the following people have the right to file for divorce:

The wife unilaterally requested the court for divorce;
The husband unilaterally requested the court for divorce;
Husband and wife mutually agree to divorce and request the Court to resolve;
Parents and relatives have the right to request the court to resolve a divorce when:
One spouse has a mental or other illness and is unable to perceive and control his or her behavior. On the one hand, husband and wife are victims of domestic violence committed by husband and wife, seriously affecting their lives, health and spirit.

3. UNRESOLVED DIVORCE CASES IN VIETNAM

The following cases of divorce IN VIETNAM will not be resolved:

First, if the wife is pregnant, gives birth or raises a child under 12 months old, the husband does not have the right to file for divorce. Second, there is no basis for husband and wife to commit domestic violence or seriously violate the rights and obligations of husband and wife, causing the marriage to fall into a serious situation, making it impossible to prolong their life together. The purpose of marriage is not achieved.

4. DOCUMENTS NEEDED TO PREPARE FOR DIVORCE APPLICATION FOR FOREIGNERS IN VIETNAM

To get a divorce in Vietnam, the person requesting a divorce must prepare documents and submit them to the court in Vietnam. Divorce records for foreigners in Vietnam include:

Application for divorce in Vietnam;
Marriage certificate (original);
Identification documents of husband and wife: ID card, ID card, passport (notarized copy);
Household registration book of husband and wife; The remaining window; Temporary residence permit for foreigners in Vietnam (certified copy);
Child's birth certificate (certified copy);
Documents proving common assets and common debts;
In case the husband and wife have gone abroad but cannot determine their overseas address, there must be a document confirming that the husband and wife have left the locality. divorce-in-Vietnam
Note: In case two parties register their marriage according to foreign law and want to divorce in Vietnam, they must get a marriage certificate from the consulate and register in the Ministry of Justice's registration book first. when submitting a Request. divorce in court.

5. WHAT ARE THE PROCEDURES FOR DIVORCE FOR FOREIGNERS IN 2023?

To handle divorce procedures for foreigners in Vietnam, you can follow these steps:

Step 1: Prepare divorce documents in Vietnam
Step 2: Submit divorce documents to a competent court
Step 3: The court reviews and accepts the divorce file in Vietnam
– Within 7 to 15 days, the Court reviews the file. If the file is complete and valid, the Court will send a notice of advance legal fees.
– In case the dossier is incomplete, the court will require the person requesting the divorce to amend and complete the application or dossier.
Step 4: The court proceeds with the settlement
The court opens a mediation session in court and conducts divorce proceedings in court according to procedures.

Q&A

Question 1: What legal provisions apply to foreigners seeking a divorce in Vietnam?

Answer 1: Foreigners seeking a divorce in Vietnam are subject to Vietnamese family law, primarily governed by the Law on Marriage and Family. It's essential to familiarize yourself with these legal provisions before proceeding with a divorce.

Question 2: Can foreigners initiate divorce proceedings in Vietnam, and what are the requirements?

Answer 2: Yes, foreigners can initiate divorce proceedings in Vietnam if they meet certain requirements. Generally, one of the spouses must have legal residence in Vietnam or a legitimate connection to the country. Consult with legal experts to determine if you meet the specific eligibility criteria.

Question 3: What is the typical process for obtaining a divorce in Vietnam as a foreigner?

Answer 3: The divorce process in Vietnam typically involves:

1. Gathering necessary documents: Collect essential documents, including marriage certificates, identification, and information on assets and child custody arrangements.

2. Filing a divorce petition: Submit the divorce petition to the local People's Court in Vietnam, providing details of the grounds for divorce and desired outcomes.

3. Mediation and reconciliation: The court may attempt mediation and reconciliation between the spouses. If reconciliation fails, the divorce process proceeds.

4. Property and child custody issues: Address property division and child custody arrangements during the divorce proceedings.

5. Final decree: Once all issues are resolved, the court issues a final divorce decree.

Question 4: Are there any specific challenges or considerations for foreigners going through a divorce in Vietnam?

Answer 4: Yes, foreigners may encounter challenges related to language barriers, differences in legal procedures, and unfamiliarity with Vietnamese family law. Engaging a local attorney with expertise in international divorces can help navigate these challenges and ensure a smoother process.