DIVORCE WITH FOREIGN FACTORS IN VIETNAM

Marriage is a new turning-point in everyone’s life, but divorce will be the last option when married life (conjugal life) becomes serious and cannot live together. When marriage with foreign factors becomes more popular, the institution of divorce with foreign factors also appears. Therefore, through this essay, NPLaw would like to provide some information relating to the topic of divorce with foreign factors.

What is divorce with a foreign factor?

Divorce with foreign factors terminates conjugal life (the wife and husband relationship) according to the competent judgement or decision of the Court when two parties are still alive and divorce is required by one party or two parties with mutual consent divorce. The request for divorce will be recognized at judgement for divorce or decision recognizing the mutual consent divorce.

Divorce with foreign factors is divorce between a Vietnamese citizen and a foreign person, or between foreign persons with permanent residence in Vietnam that is resolved at the competent agency of Vietnam according to the Law on Marriage and Family 2014; or between Vietnamese citizens with the basis of establishment, change, and termination of the conjugal life according to the foreign Law, or assets relating to such relationships abroad.

The cases of divorce with foreign 

Pursuant to the Nationality Law 2014, a foreign person includes a person with a foreign nationality and a person without nationality.

A Vietnamese person staying abroad can be a Vietnamese person settling abroad, or a Vietnamese person with work and labor export to a foreign country. Therefore, the cases of divorce with a foreign factor follow:

• Between a Vietnamese citizen and a foreign person, or a Vietnamese person settling abroad;
• Between foreigners who live in Vietnam;
• Between Vietnamese citizens with the basis of establishment, change, and termination of the conjugal life according to the foreign Law, or assets relating to such relationships abroad.

What are the procedures for divorce with a foreign person?

Overall, the application of divorce with foreign factors includes the following document (with any the form of unilateral divorce or mutual consent divorce):

• The Petition for divorce (according to sample)
• The Marriage Certificate (original)
• Personal documents of wife and husband: ID Card, Passport (copy having authentication)
• The Household Book or the Temporary Resident Card of wife and husband; the Temporary Resident Card of a foreign person staying in Vietnam (copy having authentication);
• The Birth Certificate of children (copy having authentication - if any)
• Documents demonstrate the general assets and debts;
• In case, wife or husband left a country without determining the address abroad, it is necessary to have the wife or husband’s certificate of leaving a country by the Local   

The questions arise when implementing divorce with foreign factors

Which Court has jurisdiction over divorce with a foreign person?

• The jurisdiction according to nationality: pursuant to the Civil Code 2015

The Vietnamese Court has jurisdiction to resolve the divorce with foreign  if the plaintiff or defendant is a Vietnamese citizen or foreign suitors settling, working, and living long-term in Vietnam as defined by Article 469 of the Code of Civil Procedure 2015 (Civil Procedure Code 2015).

• The jurisdiction according to the level of Court

Pursuant to Clause 3, Article 35, and Article 37 of the Code of Civil Procedure 2015 (Civil Procedure Code 2015), the competence for resolving the divorce with foreign factors shall belong to the Provincial People’s Court.

Specifically, according to Clause 4, Article 35 of the Code of Civil Procedure 2015 (Civil Procedure Code 2015), if divorce is between a Vietnamese citizen settling in the border area and a neighbouring citizen settling in the border area with Vietnam, the competence shall belong to the District People’s Court.

• The jurisdiction according to the territory
• With mutual consent divorce: the Court where wife and husband settle
• With unilateral divorce: the Court where the defendant settles.

When implementing divorce abroad and implementing marriage with a new person in Vietnam, whether it is necessary to record such divorce in the Civil Status Book or not.

Pursuant to Article 37 of Decree No. 123/2015/ND-CP, record the divorce or dismissal of divorce in the Civil Status Book as follows:

• A valid judgement or decision of divorce and dismissal of divorce, a written agreement of divorce, or other documents recognizing the divorce are granted by the competent agency abroad without breaching the Law on Marriage and Family 2014 that will be recorded in the Civil Status Book.

• The Vietnamese citizen implemented divorce, and dismissed marriage abroad, then went back to the country to settle and implement the procedure of new marriage registration at the Vietnam competent agency, it has to be recorded in the Civil Status Book for divorce or dismissal of marriage resolved abroad. If a person implements divorce or dismissal of marriage many times, such person only implements the recording procedure for the last divorce. 

Therefore, when a person is a Vietnamese citizen who has resolved the procedures for divorce in a judgement or decision granted by the Court, and then goes back to the country to settle and implement the procedure of new marriage registration at the Vietnam competent agency, it is necessary to record such divorce in the Civil Status Book.

These are all information relating to the divorce with foreign factors as prescribed by Vietnamese Law. Please don’t hesitate to contact us, if the clients have any further questions.

NPLAW is proud to be a prestigious law firm unit and has the trust and belief of clients, enterprises, and individuals. NPLaw specializes in providing legal services all-around relating to domestic and abroad investments such as Enterprise, Real Estate, Intellectual Property, Labor; Drafting Consultation, negotiations and concluding support for the Commercial Contract, domestic and abroad Service Contract; consultations and support for implementing licensed procedures of licenses, etc,. NPLaw, with our professional Lawyers and Specialists, we have the full ability to consult with and support customers as they implement the above procedures. Along with the slogan “Your benefits - Our Priority”, NPLaw definitely becomes the accurate, and safe choice for your legal issues.  

NPLaw Firm

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