Procedures for recording divorce by the law in Vietnam

Divorce notes are part of the civil status registration. So, when is the divorce note required and how is the divorce note procedure done? Through the article, Apolo Lawyers ((+84) 903.419.479) will inform our Clients of the procedures for recording divorce by the law in Vietnam.

1. What is a divorce note?

Vietnamese citizens who have divorced cancelled their marriage abroad, and then returned to their home country to reside permanently or carry out procedures for new marriage registration at a competent Vietnamese agency must record their divorce in the civil status book. , an annulment of marriage that has been settled in a foreign country is called a divorce note.
Only the most recent divorce record procedure is done in case of multiple divorces or annulment of marriage.

2. Divorce Note Authority

Divorce note authority is determined as follows:

- The district-level People Committee where the marriage has been registered or recorded in the civil status book of the previous marriage shall make a divorce note.

• In case the marriage or recording of a previous marriage is done at the Department of Justice, the divorce record is made by the People Committee of the district where the Vietnamese citizen resides.
• In case the previous marriage was registered at the commune-level People Committee, the divorce record shall be made by the superior district-level People Committee.
• In case of a Vietnamese citizen does not permanently reside in Vietnam, the divorce record shall be made by the People Committee of the district where the Vietnamese citizen resides before leaving the country.

- Vietnamese citizens returning from abroad to permanently reside in Vietnam request a divorce note but if the previous marriage was registered at a representative agency or a foreign competent authority, the divorce record is implemented by the People Committee of the district where the Vietnamese citizen permanently resides.

- Vietnamese citizens residing abroad who request divorce notes for a new marriage but the previous marriage was registered at a representative mission or a foreign competent authority, the divorce record by the People Committee of the district where the new marriage application is received.

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Procedures for recording divorce by the law in Vietnam

3. Divorce procedures

3.1. Divorce note record

The divorce record includes the following documents:

- Declaration form according to the form;

- Declaration of divorce notes;

- Copy of legally valid divorce papers.

3.2. Divorce notes order

- Step 1: Submit your application.

- Step 2: Check and resolve the dossier.

Within 05 working days from the date of receiving complete and appropriate dossiers, civil status officers of the Justice Division shall check the dossiers.

• If the divorce note does not violate the provisions of Clause 1, Article 37 of Decree 123/2015/ND-CP or is not posted on the website of the Ministry of Justice as prescribed in Clause 3 Article 37 of Decree 123/2015/ND-CP, the Head of the Justice Division shall record in the book and report to the President of the district-level People Committee to sign and issue the original civil status extract to the requester.

In case of verification is required, the time limit for settlement shall not exceed 10 working days.

• If the request for divorce notes violates the provisions of Clause 1, Article 37 or is posted on the website of the Ministry of Justice as prescribed in Clause 3, Article 37 of Decree 123/2015/ND-CP, the Head of the Justice Department shall report to the Chairman of the district-level People Committee to refuse.
• If the previous marriage was registered at the commune-level People Committee or the Department of Justice, after notifying the divorce, the Justice Division shall send a notice enclosed with a copy of the civil status extract to the commune-level People Committee. or the Department of Justice to make further notes in the civil status book; if registered at a representative mission, it shall be sent to the Ministry of Foreign Affairs to notify the representative agency of further notes in the civil status book.

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Procedures for recording divorce by the law in Vietnam

4. How is the divorce recorded in the civil status book?

According to the provisions of Article 37 of Decree 123/2015/ND-CP, the legally effective judgment, decision on divorce or marriage annulment, written divorce agreement, or other documents recognizing the divorce A competent foreign agency that issues (hereinafter referred to as divorce papers) without violating the provisions of the Law on Marriage and Family shall be recorded in the civil status book.

In addition, based on official information received, the Ministry of Justice posted on the website of the Ministry of Justice a list of judgments and decisions on divorce or marriage annulment of Vietnamese citizens issued by a foreign competent authority in the case of a petition for enforcement in Vietnam or a petition for non-recognition 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 most optimally.