DIVORCE FORM IN VIETNAM – CONSULTING AND DRAFTING

You are in need to divorce with your Vietnamese spouse? You want to divorce quickly but do not have enough time to conduct the procedures, come to the Competent Court, and do not know how to divorce in Vietnam? Where to buy uncontested/Contested divorce forms in Vietnam? Do you need a Vietnamese lawyer to write a divorce form and Consulting uncontested/ contested divorce procedures in Vietnam? If you have any questions about divorce in Vietnam, please contact us via hotline: 0976.985.828 or email: luathungbach.hcm@gmail.com to be consulted and assisted to conduct divorce procedures quickly with a reasonable price.

Uncontested divorce form in Vietnam

The Uncontested divorce is the case that both spouses have arrived at an agreement to terminate marriage and do not have any conflicts about the property and child custody.

The uncontested divorce form has to all of the contents following Vietnamese law. If it does not have these contents, it will be required additional contents or returned petition by The court. According to the provisions of the Civil Code, the uncontested divorce involving foreign elements belongs to the group of civil matters. The contested divorce form is prepared to base on Form No. 01-VDS which is issued by the Judicial Council of the Supreme People’s Court.

Nowadays, The court in Vietnam implements a separated divorce form. Basically, the divorce forms of each the court are built base on the above form.

The divorce petition must be prepared following a form with all the required contents. You do not know how to write the divorce petition? Or avoiding writing mistakes; lack of content leads to time-consuming editing of records; please contact us via the hotline: 0976.985.828 or email: luathungbach.hcm@gmail.com to be consulted and assisted.

Contested divorce form in Vietnam

Contested divorce: When spouses cannot meet agreement about all issues when divorce such as terminate marriage, financial issues, custody, …., you have to carry out contested divorce procedures.

According to the provisions of the Civil Code, different from the uncontested divorce with foreign elements in the group of civil matters, the contested divorce is classified as a civil case. The contested divorce form is drafted based on Form No. 23-DS which is issued by the Judicial Council of the Supreme People’s Court. The petitioner can use base on this form to prepare a petition for a unilateral divorce.

You can contact Luật Hùng Bách via a via the hotline: 0976.985.828 or email: luathungbach.hcm@gmail.com to be consulted and assisted.

Xem thêm: DIVORCE IN VIETNAM, PROCEDURES INVOLVING FOREIGN ELEMENTS

Divorce file with foreigner

You need to prepare a complete and correct divorce dossier. If the divorce dossier lack of important document, the court will return or require additional your divorce dossier.

Divorce filing in case of this divorce involving foreign elements include as follows:

– Applications for a contested divorce or uncontested divorce

– Passport / ID card / CCCD of husband and wife (certified copy);

Household registration book / Temporary residence book / Temporary residence card of the spouse (certified copy);

– Original marriage certificate. In case of marriage registration in a foreign country, you need to complete the marriage notification procedures according to the regulations

– Birth certificate of common child (certified copy). 

– Papers on common property, common debt (copy) in case of requesting the court to divide the property.

In case the defendant is abroad, it is necessary to supplement the certification of the local Vietnamese government that the defendant has left the country or documents proving the defendant’s address abroad.

 – The other relevant papers (if any)

Note:

If the divorce petition or any form is written in a foreign language, it must be translated to Vietnamese before being sent to the court in Vietnam

Procedures for noting marriage shall be carried out at the Department of Justice; or at the People’s Committee of the district where the spouse is residing.

Other documents in the above divorce file must be consular legalized if it is issued by a foreign agency.

Contact a Divorce Lawyer via Phone Numbers/Zalo/Viber/Whatsapp 0976.985.828 for assisting in drafting a divorce petition in Vietnam

Procedures for divorce with foreigners

* In the case of the uncontested divorce

Hello Luat Hung Bach law firm: “I am currently living in Ben Tre province. My wife, who is Japanese, is living and working in Japan. Due to geographical distance, we can not live together, and she does not come back to Vietnam, so we have agreed to divorce. So, how is the divorce procedure?”

Hi! Because you did not mention issues such as common child and common property, so we assume that your spouse has agreed all these issues. The Court will accept the uncontested divorce. You need to prepare a divorce file including documents about the uncontested divorce form and identifying the competent court, and then submit this file to the Court.

Step 1: prepare divorce documents

The uncontested divorce dossier is prepared according to the list above. Because your wife can not come back to Vietnam, therefore, this dossier needs an application for trial in absence. The court can adjudicate a divorce when your spouse is absent.

Step 2: file for divorce in the competent court

According to the regulations of the Civil Code, the People’s Court of the province is competent to resolve divorce cases relating to foreign elements. In some special cases, the competent court is the people’s court of district. With the uncontested divorce involving foreign elements, the People’s Court of the province where the defendant resides is the Court has jurisdiction over divorce cases.

So, In your case, the People’s Court of Ben Tre province has the authority to handle it. You can these dossiers to the Court by post or authorize a lawyer.

Luat Hung Bach Law Firm will receive take your authorization to file the dossier directly to the competent court.

Step 3: Paying the Court fee advance

After receiving the dossier and checking the validity of the divorce file, the competent Court shall receive the dossiers and schedule a working date. According to the appointment schedule, you are obliged to go to the Court to make the payment of the divorce fee or advance the court fee.

In case you are abroad and cannot pay the court fees yourself, you can authorize a relative or divorce lawyer to complete the proceedings. When the case is accepted for settlement and the divorce petitioner has filed an application for trial in his/her absence, the Court will proceed with the implementation of the case in accordance with the law.

Step 4: The court opens a meeting to resolve the divorce and issues a decision to recognize the consent of the divorce

Mediation procedures at the Court in Vietnam are mandatory for resolving a divorce. If the husband and wife still agree with the same views as in the divorce petition, the Court will make a record of successful conciliation. Within 07 working days, the Court will decision recognize the consent of the divorce if the parties do not change their opinions.

The decision on recognition of consensual divorce will take effect immediately upon its issuance. The spouses can not appeal this decision to the Court.

In the case you conduct uncontested divorce, the time of proceedings is shortened from 02 to 04 months.

* In the case of the contested divorce

Question: “Hello Lawyer. My husband and I married and live in Binh Duong province, my husband is Chinese. After getting married, we had conflicts due to difference in culture and language. My husband moved back to China and no longer in contact with me. I want to divorce my husband. We do not have any children and common property. What documents do I need to prepare? and how is the procedure?”.

Hi, Luat Hung Bach Law Firm answers your questions:

In your case, you have to carry out contested divorce procedures with a foreigner, which is done through the following steps:

Step 1: prepare divorce documents

The contested divorce dossier is prepared according to the list above. Because your husband does not come back to Vietnam and no longer in contact with you, so you have to request the court to verify your husband’s residence.

Step 2: file for divorce in the competent court

According to the regulations of the Civil Code, the People’s Court of the province is competent to resolve divorce cases relating to foreign elements. In some special cases, the competent court is the people’s court of district.

With the contested divorce involving foreign elements, the People’s Court of the province where the defendant resides is Court has jurisdiction over divorce cases.

Luat Hung Bach Law Firm will receive take your authorization to file the dossier directly to the competent court.

Step 3: Mediation procedure at The Court

In the case of divorce, the mediation procedure at the Court is mandatory. The court conducts conciliation so that the husband and wife can reach an agreement on the settlement of the case; except conciliation is not possible.

In case both husband and wife are present and the conciliation is unsuccessful, the Court shall issue decision to bring the case to trial.

For the contested divorce, it will take from 04 to 06 months totally starting from the day the Competent court notices about the acceptance of your case. If your divorce dossier is invalid, it will be more time consuming for sure

Step 4: The court of the first instance

The first instance judgment takes effect 30 days after the judgment is pronounced. For involved parties who are not present at the court hearings, the time limit shall be counted from the time the involved parties receive the judgments or decisions.

In case of disagreement with the divorce judgment, the involved parties have the right to appeal within 15 days from the date of judgment pronouncement.

If you need a lawyer to support divorce with foreign elements, you can contact phone number/zalo 0976.985.828 to be consulted by a lawyer.

The consultant lawyer resolve divorce with foreign elements

With a team of dedicated lawyers and legal experts; we have extensive experience in the field of marriage and family with foreign elements. Luat Hung Bach Law Firm is able to answer questions related to marriage and family with foreign elements that customers are facing quickly. Specifically, the content of work is listed as follows:

• Consulting about divorce petition; collect evidence related to the divorce petition;
• Drafting of legal documents, and related papers on the divorce with foreign elements;
• Receive authorization to file documents and settle divorce proceedings with foreign elements for customers;
• Support clients to complete divorce procedures with foreign elements until the Court’s decision;
• Consulting to settle divorce disputes involving foreign elements;
• Offering options to help clients settle divorce disputes;
• Consulting on other related legal issues.

Contact to Luat Hung Bach Law Firm.

Luat Hung Bach Law Firm provides fast divorce service, customers do not need to go to court many times with the most reasonable service cost. If you need to be consulted, assisted to solve legal issues, please contact us via:

• Phone number (Zalo/Viber/Whatsapp): 0976.985.828 – 0979.884.828
• Fanpage: https://www.facebook.com/LuatHungBach – https://www.facebook.com/Lhb.hcm
• Website: https://lhblaw.vn/ – https://luathungbach.vn/
• Email: luathungbach.hcm@gmail.com

Best regards!

LB.