Along with the trend of international integration, marriage involving foreign elements has become more and more popular. And when the purpose of marriage is not achieved and two parties no longer find similarities, divorce involving foreign elements has become common, too. Where to file a petition for divorce? And what are the formalities? Which agency is responsible for handling this divorce cases?… We will provide you with instructions in this case!
Article 127 of Family and Marriage Law 2014 states regarding marriage involving foreign elements as follows:
Accordingly, a divorce involving a foreign elements is the termination of husband and wife relationship under a legally effective judgment or decision of a court, in which one of the spouses is a foreigner, or both husband and wife are foreigners permanently residing in Vietnam. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.
In case of a divorce involving foreign elements, it is necessary to file a petition with a competent authority for settlement. Therefore, upon divorce, husband and wife must file an petition to the People’s Court of the province where the couple resides and works (divorce by mutual consent) or the People’s Court of the province where the defendant resides and works (unilateral divorce).
For example: Mr. A is a Vietnamese citizen, and Ms. B is a Japanese citizen, and both of them reside and work in Hanoi. Thus, the competent authority for settlement of this case is the People’s Court of Hanoi. Therefore, they must submit petition for divorce and attached documents to the People’s Court of Hanoi.
According to Articles 28 and 29 of Civil Procedure Code 2015, Court is the competent authority to settle divorce formalities in general and marriage involving foreign elements in particular.
According to Clause 1, Article 37 of Civil Procedure Code 2015, People’s Courts of provinces shall have the jurisdiction to settle divorce involving foreign elements.
Pursuant to Article 39 of Civil Procedure Code regarding territorial jurisdiction of courts over civil cases, the Courts of the localities where the defendants reside or work unilateral divorce); the Courts of the localities where the husband and wife or either of them reside or work (divorce by mutual consent).
Therefore, considering above provisions, the jurisdiction to settle divorce cases involving foreign elements belongs to People’s Court of the provinces where the defendants reside or work unilateral divorce) or the People’s Courts of the provinces where the husband and wife or either of them reside or work (divorce by mutual consent).
Under special cases set out in Clause 4, Article 35 of Civil Procedure Code 2015, in case of marriage between Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam, the jurisdiction belongs to the People’s Courts of the districts.
The procedures for divorce involving foreign elements are carried out with specific steps as follows:
Step 1: Submit the documents prepared according to above instructions on filing for divorce involving foreign elements at the competent Court.
Step 2: If filing documents are complete and valid, the Court will send a notice of advance payment to the applicant. Handling period: 7-15 days.
Step 3: The applicant makes advance payment of court’s fee for civil case at the competent civil judgment enforcement branch. Then, he or she submits the receipt thereof to the Court.
Step 4: The Court commences a mediation session at the court according to the provisions of first-instance procedures.
Handling period for divorce involving foreign elements: 4-6 months from the date of the Court’s receipt of case as prescribed by Civil Procedure Code 2015.
Including:
Notes: In case the two parties register their marriage under foreign law and want to carry out divorce procedures in Vietnam, it is necessary to apply for legalization of the certificate of marriage by consulate office and carry out the procedures for registration at the Department of Justice, then proceed to file a petition for divorce at the court.
Court’s fee for a divorce involving foreign elements is determined in accordance with Resolution No. 326/2016/UBTVQH14, including:
We have provided you with instructions on matters related to divorce involving foreign elements. Please contact us for more detailed instructions: letran@familylawyers.vn .
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Le & Tran Building – Headquarters: Area No. 284 (Bld 9), Nguyen Trong Tuyen Street, Ward 10, Phu Nhuan District, Ho Chi Minh City
Saigon Tower – City Center Office: Unit 8, Level 16, 29 Le Duan Blvd, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Daeha Business Center – Ha Noi Office: No.1606, 16th Floor, 360 Kim Ma Street, Ba Dinh District, Hanoi City
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