1. How much does it cost to file for divorce in Vietnam?
Divorce by Unilateral consent is considered a resolution of civil, marital and family issues. According to the List of court fees and charges issued with Resolution 326/2016/UUBTVQH14, there are regulations on court fees for resolving a divorce by mutual consent as follows:
|
II |
Civil court fees |
|
|
1 |
First-instance civil court costs |
|
|
1.1 |
For civil, marriage and family disputes, labor has no value |
300,000 VND |
|
1.2 |
For disputes over business and trade, there is no quota |
3,000,000 VND |
|
1.3 |
For civil, marriage and family disputes with a value |
|
|
a |
From 6,000,000 VND or less |
300,000 VND |
|
b |
From over 6,000,000 VND to 400,000,000 VND |
5% of the disputed property value |
|
c |
From over 400,000,000 VND to 800,000,000 VND |
20,000. 000 VND + 4% of the disputed property value exceeding 400,000,000 VND |
|
d |
From over 800,000,000 VND to 2,000,000,000 VND |
36,000,000 VND + 3% of the disputed property value exceeding 800,000,000 VND |
| dd |
From over 2,000,000,000 VND to 4,000,000,000 VND |
72,000,000 VND + 2% of the disputed property value exceeding 2,000,000,000 VND |
|
e |
From over 4,000,000,000 VND |
VND 112,000,000 + 0.1% of the disputed property value exceeding VND 4,000,000,000. |
|
1.4 |
For disputes over business and trade with quotas |
|
|
a |
From 60,000,000 VND or less |
3,000,000 VND |
|
b |
From over 60,000,000 VND to 400,000,000 VND |
5% of the disputed value |
|
c |
From over 400,000,000 VND to 800,000,000 VND |
20,000,000 VND + 4% of the disputed value exceeding 400,000,000 VND |
|
d |
From over 800,000,000 VND to 2,000,000,000 VND |
36,000,000 VND + 3% of the disputed value exceeding 800,000,000 VND |
| dd |
From over 2,000,000,000 VND to 4,000,000,000 VND |
72,000,000 VND + 2% of the disputed value exceeding 2,000,000,000 VND |
|
e |
From over 4,000,000,000 VND |
112,000,000 VND + 0.1% of the disputed value exceeding 4,000,000,000 VND |
|
1.5 |
For labor disputes, there is a quota price |
|
|
a |
From 6,000,000 VND or less |
300,000 VND |
|
b |
From over 6,000,000 VND to 400,000,000 VND |
3% of the disputed value, but not less than 300,000 VND |
|
c |
From over 400,000,000 VND to 2,000,000,000 VND |
12,000,000 VND + 2% of the disputed value exceeding 400,000,000 VND |
|
d |
From over 2,000,000,000 VND |
44,000,000 VND + 0.1% of the disputed value exceeding 2,000,000,000 VND |
|
2 |
Appellate Civil Court Fees |
|
|
2.1 |
For civil, marriage, family, and labor disputes |
300,000 VND |
|
2.2 |
For business and commercial disputes |
2,000,000 VND |
Thus, the first instance court fee for resolving a divorce by mutual consent without a quota is 300,000 VND. The court fee for appellate instance an divorce by mutual consent is 300,000 VND.
2. When shall a divorce by mutual consent be recognized by the Courts in Vietnam?
Pursuant to Article 55 of the Law on Marriage and Family in 2014 stipulating divorce by mutual consent as follows:
As regulations above, when both spouses request a divorce, a court shall recognize the divorce by mutual consent if seeing that the two are really willing to divorce and have agreed upon the property division, looking after, raising, care for and education of their children on the basis of ensuring the legitimate interests of the wife and children.
3. Why should professionals use ACC Law Firm's cost to file for divorce in Vietnam services?
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Expertise in Vietnamese Law: ACC Law Firm specializes in Vietnamese law and has a deep understanding of the legal complexities surrounding divorce proceedings in Vietnam. Their expertise ensures that professionals receive accurate guidance and support.
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Cost-Efficiency: ACC Law Firm is known for providing cost-effective legal solutions. Professionals can expect transparent pricing and assistance in minimizing unnecessary expenses during the divorce process.
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Local Knowledge: Being based in Vietnam, ACC Law Firm has a strong local presence and knowledge of the legal system, ensuring that professionals navigate the divorce process efficiently and in compliance with Vietnamese regulations.
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Customized Solutions: The firm tailors its services to meet the specific needs and circumstances of professionals, offering personalized solutions that consider individual concerns and objectives.
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Language Accessibility: ACC Law Firm can provide services in both English and Vietnamese, ensuring clear communication and understanding throughout the divorce process, which can be particularly beneficial for expatriates and foreigners.
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Mediation and Amicable Resolutions: ACC Law Firm places emphasis on mediation and amicable resolutions when possible. This approach can lead to a less contentious divorce, reducing stress and legal costs.
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Child Custody and Support: For professionals with children, ACC Law Firm provides comprehensive support in child custody and support matters, ensuring the well-being of children while safeguarding the rights of their clients as parents.
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Confidentiality: Professionals often require a high level of confidentiality during divorce proceedings. ACC Law Firm is committed to protecting their privacy and sensitive information throughout the entire process.
Q&A
Q1: What are the typical costs associated with filing for divorce in Vietnam?
A1: The costs of filing for divorce in Vietnam can vary depending on several factors, including the complexity of the case and legal fees. On average, you can expect to pay for court filing fees, attorney fees, and potential costs related to mediation or negotiations.
Q2: Are there specific requirements or documentation needed to determine the cost of filing for divorce in Vietnam?
A2: To determine the cost of filing for divorce in Vietnam, you'll need to provide details about your specific case, including information about assets, debts, child custody arrangements, and any potential disputes. Your attorney will assess these factors to provide an estimate of the overall cost.
Q3: Can the cost of filing for divorce in Vietnam be reduced through mediation or amicable resolutions?
A3: Yes, the cost of filing for divorce in Vietnam can often be reduced through mediation or amicable resolutions. Avoiding protracted legal battles and reaching agreements on key issues like asset division and child custody can lead to lower legal fees and a more cost-effective divorce process.
Q4: Are there any government or court subsidies available to help offset the cost of filing for divorce in Vietnam?
A4: In Vietnam, there may be government or court subsidies available to individuals with limited financial means. These subsidies aim to make legal services more accessible to those in need. Eligibility criteria and the extent of assistance can vary, so it's advisable to consult with a legal expert or the court for specific information.
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