Frequently Asked Question - Family Lawyers

What is the jurisdiction of the Vietnamese courts to resolve marriage and family cases involving foreign elements?
The 2014 Law on Marriage and Family regulates the competence to resolve cases and matters of family and marriage involving foreign elements as follows:
- The competence to register civil status related to marriage and family relations involving foreign elements shall comply with the law on civil status;
The competence to resolve marriage and family cases with foreign elements at the Court is implemented based on the provisions of the Code of Civil Procedure;
- District-level People’s Courts of localities where Vietnamese citizens reside are competent to annul illegal marriages, settle divorce cases, handle disputes over the rights and obligations of husband and wife, parents and children, determine recognition of parents and children, and resolve child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws.
In addition, in accordance with the 2015 Code of Civil Procedure, a provincial-level people’s court has the jurisdiction to resolve first-instance civil cases and matters that fall under the jurisdiction of a district-level people’s court, when it is deemed necessary or at the request of the district-level people’s court.
Which disputes over marriage and family fall under the jurisdiction of the Court?
According to the provisions of the 2015 Code of Civil Procedure, the following disputes over marriage and family fall under the jurisdiction of the Court:
- Divorce, disputes over child custody or property division upon divorce; property division after divorce;
- Disputes over the division of spousal common property during the marital period;
- Disputes over change of child custody after divorce;
- Disputes over the identification of a child’s parents; or identification of the children of parents;
- Disputes over alimony or support;
- Disputes over childbirth by assisted reproductive technology or surrogacy for humanitarian purposes;
- Disputes over child custody, division of property of men and women living together as husband and wife without marriage registration or upon annulment of an illegal marriage;
- Other marriage and family-related disputes, except for cases that fall within the competence of other agencies and organizations as prescribed by law.
Marriage and family-related requests within the jurisdiction of the court:
- Requests for annulment of an illegal marriage;
- Requests for recognition of a voluntary divorce, an agreement on child custody or property division after divorce;
- Requests for recognition of a parental agreement on change of child custody after divorce or for recognition of change of child custody after divorce by an agency, organization or individual as prescribed by the law on marriage and family;
- Requests for restriction of rights of a parent toward a minor child or his/her visitation rights after a divorce;
- Requests for termination of the adoption of a child;
- Requests in relation to surrogacy as prescribed by the law on marriage and family;
- Requests for recognition of an agreement on the termination of the division of common property during the marital period previously subject to a court’s judgment or decision;
- Requests for declaration that an agreement on the spousal property regime is invalid in accordance with the law on marriage and family;
- Requests for recognition and enforcement in Vietnam, or for non-recognition of a judgment or decision of a foreign court or another competent foreign agency on marriage and family which is not required to be enforced in Vietnam;
- Requests for the identification of a child’s parents; or for identification of the parents of a child in accordance with the law on marriage and family.
Other marriage and family-related requests, except for cases that fall under the competence of other agencies and organizations as prescribed by law.
What are the procedures for handling adoption for foreigners who reside in border areas of neighboring countries?
According to Decree No. 19/2011/ND-CP, the procedures for handling adoption for foreigners residing in neighboring countries’ border areas are as follows:
1. Foreigners residing in neighboring countries’ border areas that adopt Vietnamese children who permanently reside the Vietnamese border areas must submit a written request for adoption, enclosing the following papers issued by the competent authorities of neighboring countries:
- A copy of a passport or a valid substitute;
- A judicial record sheet;
- A written certification that the adopting party fully meets the conditions to adopt the child in accordance with the laws of that country;
- A written certificate of marriage status;
- A health certificate;
- 02 recent photos, full body, size 9x12cm or 10x15 cm.
2. Papers provided in clause 1 of this Article must be translated into Vietnamese and made into 02 sets of dossiers. Persons who adopt must submit 02 sets of his/her dossier and 02 sets of the dossier of the adopted child to the Commune-level People’s Committee where the adopted child permanently resides; each set of the child’s dossier shall comprise papers specified in Article 18 of Law on Adoption. When submitting the application, the adopting person must present a passport or valid substitute for inspection and pay the adoption registration fee at the Commune-level People’s Committee under Article 40 of Decree 19/2011/NĐ-CP;
1. Within 15 days from the day of receiving the complete and valid dossier, the Commune-level People’s Committee shall examine the dossier as well as collect the opinions of relevant persons under provision in Article 9 of this Decree. Following this, they will send an official letter to the Department of Justice enclosing 01 set of the adopting person’s dossier and 01 set of child’s dossier for review;
2. Within 10 days from the date of receiving the official letter of the Commune-level People’s Committee, the Department of Justice will consider the dossiers for adoption and reply in writing to the Commune-level People’s Committee;
3. Within 05 working days from the day of receiving approval from the Department of Justice, the Commune-level People’s Committee will register the adoption and carry out the adoption in accordance with the procedures of Article 10 of this Decree; if the Department of Justice does not approve of the adoption, the Commune-level People’s Committee will issue a written reply to the adopting persons clearly stating the reasons.
What are the procedures for registration of child adoption in cases of not adopting a specific child?
Pursuant to Article 35 of the 2010 Law on Adoption, when introducing children to be adopted, the best interests of the child must be protected while taking into account the interests and characteristics of the individual adopting the child such as: the child’s characteristics, interests, habits, the ability to adapt, and the child's stage of development, as well as the adopting individual’s income, economic conditions, moral character, living environment and aspirations.
- After receiving the dossier for introducing the child for adoption, the Department of Justice will report to the Provincial People’s Committee for comments and advice. Within 05 days of receiving the decision of the provincial-level People’s Committee, the Department of Justice shall transfer the dossier to the Child Adoption Department together with the decision showing the approval of the People’s Committee. If the Provincial People’s Committee does not approve, they must provide notice in writing to the Judicial Department for reintroduction. If the Department of Justice fails to reintroduce the dossier within 03 months, the Department of Justice will return the dossier to the Child Adoption Department accompanied by a written document clearly stating the reasons.
- Upon approval (outlined above), the Child Adoption Department will review the process and procedures for introducing child for adoption in accordance with the provisions of the law. It will also obtain the opinion of psychological, family, and social experts to evaluate the result. If the results are satisfactory, the Child Adoption Department will notify the adopting party in writing that he/she is eligible to adopt. If the child is not eligible, the Child Adoption Department will issue a written report to the Minister of Justice and then notify the Provincial People’s Committee and the Department of Justice.
In both specific child adoption and non-specific child adoption, once the dossier from the Department of Justice is received, the Provincial People’s Committee will issue a decision on the foreign adoption of Vietnamse children within 15 days. Following this, the Department of Justice is responsible for notifying the individual to come to Vietnam to adopt the child. Within 60 days from the time of receiving the notice, the individual adopting the child must be present in Vietnam for adoption. If the invidual is not physically present at the adoption ceremony but having a legitimate reason, the limit time it can be extend for a period not exceeding 90 days. If there is a legitimate reason to extend the time limit, it can be extended for a period not exceeding 90 days. In case the individual adopting the child is still not present after such period expires, the People’s Committee has the right to cancel the decision permitting the foreign adoption of the child.
What are the legal consequences of the termination of adoption?
When there is a petition to terminate the adoption of the statutory persons and there are sufficient grounds to accept this request, the Court will issue a judgment to terminate the adoption. This will result in:
- The rights and obligations between the adoptive parents and the adopted child terminating: should the adopted person be a minor or an adult who is disabled or has lost the civil capacity to act or working capacity, and possesses no property to support themselves, the Court shall make a decision to assign that child to his/her natural parents or another individual or organization to care for, nurture and educate.
- Should the adopted person have personal property, he/she will be entitled to receive back such property; if the adopted person has contributed to the common property of the adoptive parents, he/she will be entitled to part of such property in proportion to his/her contribution as agreed upon with the adoptive parents; if no agreement can be reached, this may be brought to a court for settlement.
- At the request of the natural parents or the adopted person, the competent state agency shall decide to restore his/her name as before the adoption.
What are the grounds for termination of adoption?
In cases where the adoptive parents and the adopted child are still alive, the adoption may also be terminated. The grounds for the termination of adoption are:
- The adopted child has reached adult age and the adoptive parents and adopted child terminate the adoption voluntarily.
- The adopted child is convicted of any of the following crimes: intentionally infringing upon the life, health, dignity and honor of the adoptive parents; maltreating and persecuting the adoptive parents or destroying the adoptive parents’ property.
- The adoptive parents are convicted of intentionally infringing upon the life, health, dignity and honor of the adopted child; or maltreating and persecuting the adopted child.
- Taking advantage of adoption for self-seeking purposes, exploiting the labor, sexually abusing, abducting or trafficking in children or for other profiteering purposes.
What conditions must adoptees meet to be adopted?
To be eligible for adoption, that person must meet the following conditions:
- Children under 16 years’ old;
- Persons aged between a full 16 years old and under 18 years old falling under the following categories: Being adopted by their stepfather or stepmother; Being adopted by an aunt or uncle;
- A person may be adopted by one single person or two persons being husband and wife.
What conditions must be met by persons who adopt?
In order an adoption to be recognized by the law, the person who adopts must fully meet the following conditions:
- Having full civil capacity to act;
- Being 20 years or more years older than the adopted children;
- Possess health, financial and accommodation conditions that will ensure the care for, nurturing and education of the adopted child;
- Having good ethical qualities;
- The following persons may not adopt a child: persons who have had parental rights towards a minor child restricted; persons who are currently serving administrative handling decisions at an educational institution or medical treatment establishment; persons who are currently serving prison sentences; persons who have a criminal record of committing any of the following crimes: intentionally infringing upon the life, health, dignity and honor of others; maltreating or persecuting one’s grandparents, parents, spouses, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor who violates the law; trafficking in, exchanging or appropriating children, crimes of sexual abuse against children; acts of inciting or forcing children to take illegal or unethical actions.

The answers to your questions

What is the jurisdiction of the Vietnamese courts to resolve marriage and family cases involving foreign elements?

Which disputes over marriage and family fall under the jurisdiction of the Court?

What are the procedures for handling adoption for foreigners who reside in border areas of neighboring countries?

What are the procedures for registration of child adoption in cases of not adopting a specific child?

What are the legal consequences of the termination of adoption?

What are the grounds for termination of adoption?

What conditions must adoptees meet to be adopted?

What conditions must be met by persons who adopt?

Our Expertise

Effective Solution to Clients

HEAD OFFICE

CITY CENTER BRANCH

About us

News

Others

Stay connected through our other channels