IS DIVORCE ABROAD RECOGNIZED IN VIETNAM?

Currently, the situation of marrying foreigners and then divorcing abroad has increased sharply among Vietnamese citizens. Or both are Vietnamese citizens but live abroad and get married abroad then divorce abroad.

So if this case is a divorce abroad, will the law automatically record that you are divorced in Vietnam?

1. Are divorce judgments and decisions of foreign courts recognized in Vietnam?

According to Clause 25, Article 3 of the Law on Marriage and Family 2014, the definition of marital relationships with foreign elements is as follows: Marriage and family relationships with foreign elements are marriage and family relationships in which at least one party is a foreigner or Vietnamese residing abroad; marriage and family relationships between the parties involved are Vietnamese citizens but the basis for establishing, changing, and terminating those relationships is according to foreign law, arising abroad or assets related to the relationship. That system is abroad

DIVORCE ABROAD

According to the provisions of Article 125 of the Law on Marriage and Family 2014 Regarding recognition and annotation of judgments and decisions of Courts and competent foreign agencies on marriage and family: The recognition of judgments and decisions on marriage and family of foreign courts that require enforcement in Vietnam is carried out in accordance with the provisions of the Civil Procedure Code.

The Government regulates the recording in the civil status book of marriage and family matters according to foreign court judgments and decisions without a request for enforcement in Vietnam or without a request for non-recognition in Vietnam. Male; Decisions on marriage and family by other competent foreign agencies.

It can be seen that divorce judgments of foreign courts are recognized in Vietnam in two cases:

  • Case 1: If the divorce judgment is from a foreign court there is an enforcement requirement In Vietnam, you must carry out procedures to request recognition and enforcement of divorce judgments and decisions of foreign courts in Vietnam.
  • Case 2: If the verdict, your divorce decision There are no enforcement requirements in Vietnam and there is no application for recognition in Vietnam, you can carry out the procedures to record in the civil status book the divorce that has been resolved abroad at the competent authority (Recording in the civil status book will be implemented by the Department of Justice according to the provisions of Clause 1, Article 42 of Decree 126/2024 ND-CP).

Thus, when you have a divorce abroad and want it to be recognized in Vietnam, it is not automatically recognized in Vietnam, but you need to go through the procedures for recognition or divorce note depending on the two cases above.

 2. The statute of limitations requires recognition and enforcement of a divorce judgment of a foreign court

According to the provisions of Article 432 of the 2015 Civil Procedure Code, the statute of limitations for requesting recognition and enforcement of a divorce judgment of a foreign court is prescribed as follows:

Within 03 years from the date the civil judgment or decision of a foreign court takes legal effect, the person to whom the judgment is executed, the person with related legal rights and interests or their legal representative has the right to submit a petition to the Ministry of Justice of Vietnam in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam and the country whose court has issued the judgment or decision are both members or to which the Vietnamese Court has jurisdiction. rights specified in this Code to request recognition and examination enforce in Vietnam that civil judgment or decision.

In case the applicant can prove that due to a force majeure event or objective obstacle, he cannot submit the application on time as prescribed in Clause 1 of this Article, the period of force majeure event or objective obstacle shall not be valid. counted towards the application submission deadline.

Accordingly, the statute of limitations to request recognition of a foreign divorce judgment is: 03 years from the date this judgment takes legal effect.

In case the requester for recognition can prove that due to a force majeure event or objective obstacle, the application cannot be submitted on time, the period of force majeure event or objective obstacle will not be counted in the submission deadline. single.

3. Divorce notes

Competence: 

  • In case the marriage or previous marriage notation is done at the Department of Justice, the divorce notation is done by the district-level People’s Committee where the Vietnamese citizen resides.
  • In case the previous marriage was registered at the commune-level People’s Committee, the divorce notes will be made by the superior district-level People’s Committee.
  • In case a Vietnamese citizen does not permanently reside in Vietnam, the divorce note will be made by the district-level People’s Committee of the place of residence before the Vietnamese citizen leaves the country.

Procedure:

  • Within 05 working days from the date of receipt of complete and valid documents as prescribed in Clause 1 of this Article, the civil status officer of the Justice Department checks the documents. If the divorce note does not violate the provisions of Clause 1, Article 37, Section 3, Chapter IV of Decree 123/2015/ND-CP or is not subject to being posted on the Ministry of Justice’s Electronic Information Portal according to regulations In Clause 3, Article 37, Section 3, Chapter IV of Decree 123/2015/ND-CP, the Head of the Justice Department records it in the book and reports it to the Chairman of the District People’s Committee to sign and issue the original civil status extract. to the requester.

In case verification is required, the processing time shall not exceed 10 working days.

  • If the request for a divorce note violates the provisions of Clause 1, Article 37 or is in a case posted on the Ministry of Justice’s Electronic Information Portal according to the provisions of Clause 3, Article 37, Section 3, Chapter IV of Decree 123/2015 /ND-CP, the Head of the Justice Department reports to the Chairman of the District People’s Committee to refuse.
  • If the previous marriage was registered at the Commune People’s Committee or the Department of Justice, then after recording the divorce, the Justice Department sends a notice with a copy of the civil status extract to the Commune People’s Committee or Department of Justice. Department of Justice to make further notes in the civil status book; If registered at a representative agency, send it to the Ministry of Foreign Affairs to notify the representative agency to make further notes in the civil status book.

4. Conclude

Divorce abroad can be recognized in Vietnam, but legal procedures must be followed to ensure legal validity in the country. Implementing correct procedures not only protects the rights of the parties but also helps resolve related issues in a transparent and legal manner. If you need detailed assistance with this process, the lawyers at Hankuk Law Firm are always ready to advise and accompany you.

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