The jurisdiction to settle divorce involving foreign elements

1. Divorce involving foreign elements 

Article 127 of the Law on Marriage and Family 2014 provides for divorce involving foreign element, including specific cases such as: 

• Divorce between Vietnamese citizens and foreigners; 

• The divorce between foreigners who permanently reside in Vietnam when they so request. 

​

2. The jurisdiction to settle divorce involving foreign elements 

According to Articles 35 and 37 of the 2015 Civil Procedure Code, the following provisions are made: 

(1) The district-level People Court has the authority to settle according to first-instance procedures the following disputes:

a) Civil disputesaffairs, marriage and family specified in Articles 26 and 28 of this Code, except for disputes specified in Clause 7, Article 26 of this Code;

b) Business and commercial disputes specified in Clause 1, Article 30 of this Code;

c) Labor disputes specified in Article 32 of this Code.

(2) The district-level People Court has the jurisdiction to settle divorce involving foreign element the following requests:

a) Civil claims specified in Clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10 Articles 27 of this Code;

b) Marriage and family requirements specified in Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 Article 29 of this Code;

c) Business and commercial requirements specified in Clauses 1 and 6, Article 31 of this Code;

d) Labor requirements specified in Clauses 1 and 5, Article 33 of this Code.

(3) Disputes and requests specified in Clauses 1 and 2 of this Article where the involved parties or assets are located abroad or require judicial entrustment to the representative agency of the Socialist Republic of Vietnam, to a foreign court or agency that is not under the jurisdiction of the district-level People Court, except for the case specified in Clause 4 of this Article.

(4) The People Court of the district where the Vietnamese citizen resides, annuls the illegal marriage, settles the divorce, and disputes over the rights and obligations of husband and wife, parents and children, regarding the receipt of marriage. father, mother, child, adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries residing in border areas with Vietnam in accordance with this Code and other provisions of Vietnamese law.

Next, the People Court of the province has the jurisdiction to settle according to first-instance procedures the following cases:

a) Disputes over civil, marriage and family, business, commerce and labor as prescribed in ClauseArticles 26, 28, 30 and 32 of this Code, except for disputes falling under the jurisdiction of the district-level People Courts 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 Court jurisdiction. district-level people courts specified in Clauses 2 and 4, Article 35 of this Code;

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

Provincial-level People Courts has jurisdiction to settle according to first-instance procedures civil cases falling under the jurisdiction of the district-level People Courts specified in Article 35 of this Code, which the provincial-level People Courts shall decide on their own. they take it up for settlement when it is deemed necessary or at the request of the district-level People Court.

• In Special cases, the jurisdiction belongs to the district- level Courts: 

In the special cases specified in Clause 4, Article 35 of the 2015 Civil Procedure Code, if the divorce takes place with a Vietnamese citizen residing in the border area with a citizen of a neighboring country residing in the border area with Vietnam, the jurisdiction belongs to the district-level Court. 

Thus, in case the husband and wife permanently reside in a foreign country and do not permanently reside in Vietnam, the divorce will be resolved according to the laws of the host country. In normal cases, this authority belongs to the People Court of the province.

​>>> Read more: Debt payment obligations after divorce

>>> Read more: 04 Notes In Case Of Consensual Divorce

3. Legal consulting service on proceedings of a divorce involving foreign elements. 

The legal issues related to a divorce involving foreign elements are legal fields that our company has many experiences with. We have experienced lawyers in giving advice and consulting on legal issues related to divorce proceedings. Apolo Lawyers - Solicitors & Litigators often provide legal services for divorce involving foreign elements proceedings include the following: 

• Consulting the clients on how to prepare documents to submit to the Court relating to requests for divorce involving foreign elements. 

• Draft petition or request of the clients. 

• Support the clients to complete the proceedings of a divorce involving foreign elements. 

• Be the representative of the client to carry out the submission of documents or contact the authorized Court promptly. 

•  Defense of lawful rights and interests. 

Apolo Lawyers has many forms of consulting that the clients can choose: consulting face-to-face at our office, consulting via Email, telephone and other forms. The clients can contact us via email at contact@apolo.com.vn or Hotline – (+84) 903 419 479 for the best advice and support.

APOLO LAWYERS