How the procedure of divorce between two foreigners permanently residing in Vietnam, or divorce between a Vietnamese citizen and a foreigner is? In this Article, KAV Lawyers will help you to know how to implement this procedure.
Firstly, getting to know what is divorce? What is divorce with foreign elements?
- Clause 14 Article 13, Law on marriage and family 2014, stipulating that the divorce means termination of the husband and wife relation under a court’s legally effective judgment or decision.
- Clause 1 Article 127, Law on marriage and family 2014, the divorce involving foreign elements is a divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam.
The Divorce’s Procedure
Step 1: Submitting the dossiers to the competent People’s Court
The dossiers should include:
- In case of divorcing by mutual consent
+ The divorce letter requiring the competent court to recognize this relation;
+ The copy of marriage certificate;
+The copy of household certificate;
+ The certified copy of ID/PP of husband/wife.
+ A copy of the foreigner’s permanent residence card or temporary residence card;
+ Other documents and evidence attached.
- In case of unilateral divorce
+ The lawsuit of unilateral divorce;
+ The copy of marriage certificate;
+ The copy of household certificate;
+ The certified copy of ID/PP of husband/wife.
+ A certified copy of the child’s birth certificate;
+ Copy of permanent residence card or temporary residence card of foreigners;
+ Other documents and evidence proving that the property requires division such as land use right certificates,…
Note: The documents granted by the foreign organization/ agency shall be consular legalized; translated into Vietnamese and certified/ authentic.
After preparing the document, the applicant submit to the competent court.
Step 2: Payment of court fee in advance
After the courts accept the dossiers, the plaintiff shall begin to pay court fee in advance. Pursuant to the list of court fees and charges, promulgated together with decree no.326/2016/UBNDTVQH14 on court fee advance rates for divorce cases as follows:
| Divorce has no quota | VND 300.000 |
| Divorce has a quota | |
| Under VND 6.000.000 | VND 300.000 |
| From VND 6.000.000 to 400.000.000 | 5% the dispute valuation |
| From VND 400.000.000 to 800.000.000 | VND 20.000.000 + 4% the dispute valuation exceeding VND 400.000.000 |
| From VND 800.000.000 to 2.000.000.000 | VND 36.000.000 + 3% the dispute valuation exceeding VND 800.000.000 |
| From VND 2.000.000.000 to 4.000.000.000 | VND 72.000.000 + 2% the dispute valuation exceeding VND 2.000.000.000 |
| Above VND 4.000.000.000 | VND 112.000.000 + 0,1% the dispute valuation exceeding VND 4.000.000.000 |
The applicant shall pay court fee in advance at the civil judgment enforcement authorities of districts and submit the court fee’s receipt to the court;
Step 3: The court will accept and resolve the divorce (in case of divorcing by mutual consent) or divorce case (in case of dispute) according to the regulation of the civil procedure code.
For divorce: the time for considering a lawsuit is 01 month from the date the Court accept the lawsuit (Clause 1 of Article 366 of the civil procedure code 2015). After that, a meeting will be held to consider the lawsuit within 15 days from the date of making the decision to open the meeting (Clause 4 of Article 366 of the civil procedure code 2015).”
For divorce cases: the time for preparation for trial is from 04-06 months (Point a, Clause 1, Article 203 of the civil procedure code 2015). Within 01-02 months, the Court will take the case to trial (Clause 4 of Article 203 of the civil procedure code 2015).
Above is the information about procedure of divorcing involving the foreign elements that KAV Lawyers pleasure to give you. Please contact us if you have any questions or need any legal advices.
Email: info@kavlawyers.com or vu@kavlawyers.com
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