Procedure for divorce with foreigner without marriage notes in Vietnam

Without marriage note, Vietnamese citizen and foreigner cannot carry out divorce procedure because their marriage have not been recognized in Vietnamese law. Accordingly, in this case, they must make the marriage note first. In this article, we will provide you with divorce procedure between Vietnamese and foreigner in case both people are living in Vietnam.

1. What is a divorce involving foreign elements?

Divorce with foreign elements means a divorce between a Vietnamese citizen and a foreigner, or between a foreigner who permanently resides in Vietnam and is resolved at a competent Vietnamese agency in accordance with the Law on Marriage and Family 2014.

In this article, we will provide you with divorce procedures between Vietnamese and foreigner in case both people are living in Vietnam.

2. Competence to settle divorce with foreigner

Divorce is one of the marriage and family disputes falling under the jurisdiction of the Court as prescribed in Clause 1, Article 28 of the Civil Procedure Code 2015.

In case of consensual divorce, the court where one of the parties is competent to process the request for recognition of the consent divorce.

In case the parties have a dispute about the divorce, the Court of the place where the defendant resides and works has the authority to settle this dispute.

>>> Read more: How to get a divorce when a spouse lives in another country?

3. How to carry out divorce procedure with the foreigner without marriage note in Vietnam?

The marriage between a Vietnamese citizen and a foreigner that has been settled at a competent foreign agency abroad must be recorded in the civil status book if at the time of marriage, the parties fully satisfy the conditions for marriage and does not violate the prohibition under the provisions of the Law on Marriage and Family of Vietnam.

Without a marriage note, Vietnamese citizen and foreigner cannot carry out divorce procedure because their marriage have not been recognized in Vietnamese law. Accordingly, in this case, they must make the marriage note first.

3.1. Marriage Note Authority

The district-level People Committee of the place where the Vietnamese citizen resides shall record in the civil status book that the marriage has been settled at a competent foreign agency.

>>> Read more: Procedures for recording divorce by the law in Vietnam

Procedure for divorce with foreigner without marriage notes in Vietnam

3.2. Procedure for marriage note

• Step 1: Submit your application

The person requesting the marriage note directly performs or authorizes another person to make the marriage note.

• Step 2: Receipt of application

The Justice Department receives and processes documents. The time limit for recording in the civil status book of marriage is 05 working days from the date of receipt.

In case it is necessary to verify the information in the dossier, the time limit for settlement may be extended but must not exceed 10 working days.

• Step 3: Issue the original civil status extract

After processing the dossier, the head of the Justice Division shall record the marriage in the civil status book and report it to the chairperson of the district-level People Committee to sign and issue the original civil status extract to the requester.

After receiving the original civil status extract, the requester can carry out divorce procedure in accordance with Vietnamese law.

4. Dossiers and procedures for consenting divorce with foreigner

4.1. Divorce file with the foreigner

To process a divorce with a foreigner, you need to prepare the following documents:

• Application for recognition of consensual divorce which was signed by both husband and wife (in case of consensual divorce);

• Identity card, citizen identity card or Passport of spouses;

• Household registration of the family;

• Birth certificates of children (in case the spouses already has children);

• Documents proving ownership of common assets or debts;

• Documents proving that one party is abroad (if applicable).

4.2. Procedures for consenting divorce with foreigner

• Step 1: Submit your application

The husband and wife prepare all the documents mentioned above and submit them to the competent Court.

• Step 2: Receive and process the application

After receiving the application, the Court will consider and handle the following cases on a case-by-case basis:

- Returning the application: The court has the right to return the application in the following cases:

+ The requester does not have the right to request or does not have the capacity for civil procedure acts;

+ The case has been settled by a court or a competent state agency;

+ Civil matters that are not within the jurisdiction of the Court;

+ The requester does not amend or supply the request within the prescribed time limit;

+ The requester does not pay the fee within the prescribed time limit, unless the fee is exempted or not required or the payment is delayed due to force majeure events or objective obstacles;

+ The requester withdraws the appication;

+ Other cases as prescribed by law;

- Requests for modification and supplementation of dossiers: In case the petition does not contain sufficient information, the judge will request the requester to amend and supply it within 07 days from the date the requester receive the request;

- Accepting the application: When the dossier is complete and the requester has paid the fee, the Court will accept the case.

• Step 3: Prepare to consider the application

- During the time limit for preparing to consider the petition, before conducting conciliation for husband and wife reunification, when deeming it necessary, the Judge may consult with the state management agency in charge of the family, the state management agency in charge of children about the family situation, the causes of the conflict, and the wishes of the spouse and children ralated to the case;

- The judge must conduct mediation to reunite the spouses; explain the rights and obligations between husband and wife, between father, mother and children, among other family members, about alimony and other issues related to marriage and family. In the case of conciliation, the conciliation meeting must be opened within 06 months and no later than 08 months from the date of issuing the notice of acceptance of the case. The date of resumption of the conciliation meeting (if applicable) is fixed within 1 month from the date of opening the mediation session;

- In case after conciliation, the husband and wife reunite, the judge will issue a decision to suspend the settlement of their request.

• Step 4: First-instance meeting

In case the conciliation and reunification is unsuccessful, the judge will open a meeting and issue a decision to recognize the consent of the parties to the divorce and the agreement of the involved parties as prescribed in Article 212 of the 2015 Civil Procedure Code when all the following conditions are fully satisfied:

- Both parties really voluntarily divorce;

- The two parties have reached an agreement on the division or non-division of common property, the care, upbringing and education of children;

- The agreement must ensure the legitimate interests of the wife and children;

The decision on recognition of consent to divorce takes effect immediately and is not subject to appeal or protest according to appellate procedures.

>>> Read more: Support obligations with foreign elements under Vietnamese law

Procedure for divorce with foreigner without marriage notes 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.

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