Legal service on divorce in Vietnam

There are three types of divorce in Vietnam, such as: (i) divorce by mutual consent; (ii) unilateral divorce; (iii) Divorce involving foreign elements. However, in this article, Apolo Lawyers will make clear the subject of a divorce involving foreign elements and Legal service on divorce in Vietnam.

1. What is a divorce in Viet Nam?

To divorce in Viet Nam, there are important things need to know when divorce in Viet Nam. First, the involved parties need to know what divorce is in Viet Nam.

Law on Marriage and Family 2014 has given the definition of divorce. According to Clause 14, Article 3 of the Law on Marriage and Family, divorce means termination of the husband and wife relation under the legally effective judgment or decision of the Court.

Thus, divorce is the termination of the husband and wife relationship according to a legally effective judgment or decision of the Court. 

Persons who have the right to request divorce in Viet Nam are specified in Article 51 of the Law on Marriage and Family as follows: 

• Wife, husband or both 

• Parents, other relatives when one spouse cannot perceive and control his behavior is also the victim of domestic violence caused by the other person. 

In addition, the husband will not get a divorce when the wife is pregnant, giving birth or raising a child under 12 months old. But if the wife is pregnant, giving birth or raising a child under 12 months old, the wife has the right to ask the Court for a divorce. 

When the husband and wife decide to divorce, they shall follow lawsuit divorce procedures so that the Court can solve their problem.  

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. Divorce involving foreign elements

Divorce in Vietnam means the termination of the relationship between the husband and the wife under a legally effective judgment or decision.

Divorce involving foreign elements means divorce in Vietnam in which at least one partner is a foreigner (divorce between Vietnamese and foreigner) or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing, or terminating that relation are governed by foreign law, or that relation arises abroad or the property related to that relation is located abroad.

4. The competent authority settling the divorce between Vietnamese and foreigner

The competence to settle divorce between Vietnamese and foreigner in Vietnam at the Court must comply with the Civil Procedure Code and Law on Marriage and Family.

According to Law on Marriage and family 2014 and the Civil Procedure Code, the competence to settle divorce between Vietnamese and foreigner in Vietnam is of a province-level Court, except in the case that is stipulated in clause 4, Article 35, Civil Procedure Code 2015.

5. Procedure for divorce in Vietnam between Vietnamese and foreigner

Step 1: Divorce applicants write an application for divorce in Vietnam and send a set of divorce applications to a competent court for settlement.

Step 2: If the court accepts the application, considers it in accordance with its competence, and in accordance with the law, the court shall issue a notice of payment of the court fee advance to the applicant. The applicant shall pay the court fee advance and return the court fee advance receipt to the Court. The court accepts the divorce case and issues a notice of acceptance of the case to the procuracies of the same level and the defendant (related persons).

Step 3: The court shall handle the case according to legal procedures.

>>> Read more: How to get the fastest divorce in Vietnam?

>>> Read more: Child custody disputes with people living abroad

6. Legal service on divorce in Vietnam at Apolo Lawyers

Apolo Lawyers is known as one of the most prestigious with divorce service 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 divorce service 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 to conduct divorce service in Vietnam, 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.

For further information, contact us:

Apolo Lawyers - Solicitors & Litigators

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Binh Thanh Branch

Address: 9th/F, Tower K&M Building, 33 Ung Van Khiem St., Binh Thanh Dist., HCM City
_____________________________
Tel: (028) 66.701.709 / (028) 35.059.349
Mobile 1/ Whatsapp 1: 0903.600.347 / Mobile 2/ Whatsapp 2: 0908.043.086
Email: contact@apolo.com.vn
Website: www.apololawyers.com
Divorce In Vietnam website: www.divorceinvietnam.com