DIVORCE BETWEEN VIETNAMESE AND FOREIGNER
I. THE RIGHT TO REQUEST SETTLEMENT OF DIVORCE
Husband or wife or both has or have the right to request a court to settle their divorce.
A parent or another next of kin of a spouse has the right to request a court to settle a divorce when the spouse is unable to perceive and control his/her acts due to a mental disease or another disease and is concurrently a victim of domestic violence caused by his/her spouse which seriously harms his/her life, health or spirit.
A husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child.
II. COURTS’ JURISDICTION
Courts of provinces and and municipalities;
Courts of rural districts, urban districts, towns, provincial cities and the equivalent (where Vietnamese citizens reside) : Vietnamese citizens living in frontier areas and citizens of neighboring countries living near Vietnam according to provisions of this Code and other Vietnam’s law provisions.
III. DOCUMENTS
| No | Documents | Style | Notes |
| 1 | – Lawsuit petition; or
– Voluntary divorce petition |
Original/ legalization | -Depend on the agreement of both party: dispute or voluntary divorce
-If foreigner made this document: should legalization, then send to another party who is a Vietnamese to sign |
| 2 |
Marriage certificate
|
Original/ legalization | If the two parties register their marriage according to foreign law and get a divorce in Vietnam, this document must be legalized and finish the procedures of noting on the registration book at the Department of Justice before applying for the divorce |
| 3 | ID/Passport | Notarized | Vietnamese |
| 4 | Permanent residence book | Notarized | Vietnamese |
| 5 | Passport /Visa | legalization | Foreigner |
| 6 | Birth certificate of your children (if any) | Copy | |
| 7 | Documents of asset ownership (if any) | Notarized | In case of property disputes |
| 8 | Application of the foreign party to be absent in the whole process of divorce settlement in Vietnam (if any). | Legalization |
IV. THE PROCEDURE FOR DIVORCE
- Step 1: Submit lawsuit application for divorce to the Court;
- Step 2: About 7-15 days after receive the application and valid dossiers, the Court will issue a notice to pay a court fee advance;
- Step 3: Pay the court fee advance in the Department of Execution and return the advance payment receipt to the Court;
- Step 4: The Courts have to conduct mediation and adjudication.
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