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Things need to know when divorce in Viet Nam

Divorce Counseling 25/10/2022

Our law specifically stipulates divorce and arising issues such as custody of children, joint visitation after divorce, division of common property... in the Law on Marriage and Family. Although divorce is gradually becoming quite common, many couples have difficulty in carrying out divorce procedures and spend a lot of time waiting for the Court to resolve. In this article, Apollo Lawyers will clarify the things need to know when divorce in Viet Nam.

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. Conditions for divorce in Viet Nam 

The marriage relationship of husband and wife can be terminated if both parties mutually agree or at the request of one party. Accordingly, there are two types of divorce in Viet Nam

- Consensual divorce by mutual agreement. In which: 

  • The two parties really voluntarily divorce 

  • Have agreed on the division of property, child custody, support obligation

- Unilateral divorce: is a form of divorce at the request of one party. Accordingly: 

  • Spouses commit violent acts 

  • When one person seriously violates the rights and obligations, causing the marriage to fall into serious condition, cohabitation cannot last

  • The spouse is declared missing by the Court 

  • When one person has a mental illness or another illness and is also a victim of domestic violence perpetrated by the other. 

3. Principles of property division upon divorce in Vietnam 

According to the principle, upon divorce in Viet Nam, the division of property will be agreed upon by husband and wife. If the two parties come to an agreement, the Court will recognize the agreement on the assets of the two people. 

If the two parties cannot come to an agreement, the Court will decide in the direction of division. Property division will be based on the following factors: 

  • Circumstances of the family, husband and wife;
  • Each contribution of spouse to the creation, maintenance and development of common property. The housework done in the family by a spouse shall be regarded as income-generating labor;
  • Protecting the legitimate interests of each spouse in their production, business and career activities to create conditions for them to continue working to generate incomes;
  • Faults of each spouse in the infringement of spousal rights and obligations.

4. Divorce procedures in Vietnam

The divorce procedures is carried out as follows:

You need to prepare a set of documents including:

  • Divorce application form;
  • The original of the marriage registration certificate (or the copy and the reason for not having the original);
  • A copy of the permanent and temporary residence papers of the plaintiff and the defendant;
  • A copy of the identity card or passport of the plaintiff and the defendant;
  • Documents proving property: Certificate of land use right, house ownership...
  • Copy of birth certificate of children.

Steps to proceed with the divorce procedures:

Step 1: Submit the petition for divorce at the competent People Court;

Step 2: Get the result of processing the application;

Step 3: Pay first-instance civil court cost advance at a competent civil judgment enforcement agency and return the receipt of court cost advance to the Court;

Step 4: The court will convene to take testimony, conciliate and carry out divorce procedures in accordance with the Civil Procedure Code 2015

Step 5: In case the court does not accept the divorce request, the divorce petitioner The marriage has the right to appeal to the immediate superior court for appellate trial in accordance with law. 

>>>Read more: Consulting Lawyers Of Divorce Involving Foreign Elements

>>>Read more: Property Division In Case Of Cohabitation As Husband And Wife

5. Divorce consulting service in Vietnam 

Apolo Lawyers - Solicitors & Litigators provides services related to divorce procedures such as:

• Advising clients on divorce procedures and consequences. legal consequences after the divorce;

• Advising the client when the client obtains custody of the child and requires the other party to fulfill the support obligation;

• Advising clients on procedures for property division during the marriage, including the common property of husband and wife, separate property, joint debt, and separate debt.

• Prepare divorce petition;

• Prepare documents and evidence to be submitted to the Court;

• On behalf of clients to file documents at a competent Court;

• Keep track of records, and supplement documents when requested by the Court;

• Join the client in working sessions at the Court or work with the other party to agree on issues in the divorce case;

• Appoint a lawyer to participate in the trial to protect interests of the client.

• Assist clients in requesting the enforcement of legally effective divorce judgments.

Therefore, do not hesitate to contact us via Apolo Lawyers - Solicitors & Litigators or Hotline: (+84) 903.419.479 so that the Lawyer can advise you the best.