How to get divorce with Vietnamese?

There are some legal issues that readers should focus on when researching for divorce with Vietnamese.

1. What is a divorce in Vietnam?

According to clause 14, Article 13, Law on Marriage and Family 2014, divorce in Vietnam means termination of the husband and wife relation under the legally effective judgment or decision of the court.

According to clause 1 Article 127, Law on Marriage and Family 2014, the divorce involving foreign elements is a divorce between Vietnamese and foreigner or between two foreigners permanently residing in Vietnam.

2. The dossier for divorce with Vietnamese

There are two types of divorce in Vietnam. Depending on which case you are, the dossier for divorce with Vietnamese is different.

2.1. In case of divorce 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.

2.2. 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.

3. The procedure of divorce with Vietnamese

There are three steps when you want to divorce with Vietnamese.

Step 1: Submitting the dossiers to the competent People’s court

Step 2: Payment of court fee in advance

After the courts accept the dossiers, the plaintiff shall begin to pay the court fee in advance. Pursuant to the list of court fees and charges, promulgated together with decree No.326/2016/UBNDTVQH14 on the fee advance rates for divorce cases.

The applicant shall pay the court fee in advance at the civil judgment enforcement authorities of districts and submit the receipt of court fee 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 with 15 days from the date of making the decision to open the meeting.

For divorce case: the time for preparation for trail is from 04 – 06 months. Within 01 – 02 months, the court will take the case to trial.

>>> Read more: Why do you need a lawyers when getting a divorce?

>>> Read more: Divorce procedure in Ho Chi Minh City 2022

4. Legal service about getting a divorce with Vietnamese at Apolo Lawyers

Apolo Lawyers is known as one of the most prestigious with service about divorce in Vietnam. If you are in a mess and do not know the divorce procedure and you want to save time, money, and effort. Especially, when you choose us, you only need to go to the court once to sign. After 15 days, you will receive a divorce judgment.

When providing legal services on divorce in Vietnam, Apolo Lawyers is responsible for helping with the following matters:

• Support to carry out the dossiers regarding the divorce, the division of assets, and debt among spouses.
• Set the terms for child custody and child support if there are children involved.
• Conduct thorough research in order to gather supporting evidence in each case.
• Compile detailed paperwork and then submit to the court documenting the evidence.
• For legal separations, our lawyers carry out the separation through court orders.
• Propose the divorce mediation to come to a sensible divorce agreement that meets both of your needs.
• Others works to provide legal services on divorce in Vietnam

Apolo Lawyers - Solicitors & Litigators is proud to be a law firm with many years of experience in supporting our clients in divorce involving foreign elements. Therefore, if you have any questions about divorce involving foreign elements and need support, do not hesitate to contact Apolo Lawyer via email: contact@apolo.com.vn and hotline: (+84) 903.419.479 to be consulted and helped in the most optimal way.

APOLO LAWYERS