The jurisdiction of the Court to settle divorce case involving foreign elements

1. What is divorce? 

According  to Law on Marriage and Family 2014, divorce is defined as follows: "divorce means termination of the husband and wife relation under the legally effective judgment or decision of the Court" 

Therefore, the definition of divorce is stipulated in clause 14, article 3 of Law on Marriage and Family 2014 that divorce is recognized legally when the judgment or decision of the Court is taken effort. 

2. Divorce case involving foreign elements

Article 127, Law on Marriage and Family 2014 has stipulated that divorce involving foreign elements is the divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam. Therefore, divorce, in which has a person that not be a Vietnamese citizen is seemed as a divorce involving foreign elements. 

>>>Read more: Procedures for divorce with foreigners in 2022

3. The jurisdiction of the Court to settle divorce case involving foreign elements

Pursuant to the provisions of Article 28 and 29 - Civil Code 2015, regulations on disputes and requests on marriage and family under the jurisdiciton of the Court. Article 37 - Civil Procedure 2015, stipulates the competence of the Court of provincial People, specificially: 

The Court of provincial level People are competent to settle according to first-instance procedures the following cases: 

a) Disputes about civil, marriage and family, business, commerce and labor as prescribed in Article 26,28,30 and 32 of this Code, except for disputes  under the jurisdiction of the Court to settle the Court of district level Court specified in Clauses 1 and 4, Article 35 of this Code; 

b) Civil, marriage and family, business, commercial and labor requirements specified in Articles 27, 29, 31 and 33 of this Code, except for requests falling under the jurisdiction of the Court. The Court of district-level people specified in Clauses 2 and 4, Article 35 of this Code; 

c) Disputes and requests specified in Clauses 3, Article 35 of this Code

The Court of provincial-level people are competent to settle according to first-instance procedures cases falling under the jurisdiction of the Court of district-level specified in Article 35 of this Code, which are granted by the People Court. The province can take it up by itself for settlement when it is deemed necessary or at the request of the Court of district level People. 

Based on the provisions mentioned above, the jurisdiction to settle a divorce involving foreign elements will be divided into the following two cases: 

- Jurisdiction of the Court by territory: 

Pursuant to the provisions of Article 37 - Civil Procedure Code 2015, the jurisdiction of the territorial Courts for disputes over marriage and family is determined to be the Court where the defendant resides. If the defendant is an individual or where the defendant is located, if the respondent is an agency or organization. 

+ For the case where the defendant cannot determine the place of residence, working or head office in Vietnam, according to Clauses 1 - Article 40 - Civil Procedure Code 2015, specifically: 

"The plaintiff has the right to choose a Court to settle civil, marriage and family, business, commercial and labor disputes in the following cases: 

a) If the place of residence of the defendant, work or head office is not known, the plaintiff may request the Court of the place where the defendant resides, works has his last office or where the defendant has property to settle; 

[...] c) If the defendant does not have a place of residence, work or head office in Vietnam or the case is about a support dispute, the plaintiff may request the Court where he or she resides, works and is headquartered

4. Legal service relating to divorce involving foreign elements of 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 judgement. 

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 decision 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 document

• 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

>>>Read more: How to get divorce with Vietnamese?  

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