A divorce between a Vietnamese citizen and a foreign spouse ?

DMS Law firm in Danang, Vietnam advises about divorce procedure between a foreign national spouse and a Vietnamese citizen ?

Jurisdiction to resolve civil cases involving foreign elements

Vietnamese Courts shall have the jurisdiction to resolve civil cases involving foreign elements in divorce cases with the plaintiffs or the defendants being Vietnamese citizens or involved parties being foreigners who reside, work or live for a long term in Vietnam (Point d Clause 1 Article 469 the Code of Civil Procedure No. 92/2015/QH13 dated 25 November 2015).

Petition, requirements about supporting documents:

The petitioner or requester must state clearly full name, address and nationality of the overseas involved party in the petition or written request, enclosed with papers and documents authenticating full names, address and nationality of such involved party.

If full name, address and nationality of the overseas involved party are not specified or not fully specified, they must be completed within a time limit specified by the Court; if the time limit has elapsed but such information are not fully provided, the Court shall return such the petition or the written request (Clause 1 Article 473 the Code of Civil Procedure No. 92/2015/QH13 dated 25 November 2015).

The time limit for a court session or a meeting for mediating:

A meeting for mediating shall be opened not earlier than 06 months and not later than 08 months after the issuance of a written notice of acceptance of the case. The date of resumption of a mediation meeting (if any) shall be fixed within 01 month after the date of opening such meeting;

A Court session shall be opened not earlier than 09 months and not later than 12 months after the issuance of a written notice of acceptance of the case. The date of resumption of a Court session (if any) shall be fixed within 01 month after the date of opening such Court session, except for cases specified in Clause 4 Article 477 of this Code (Clause 2 Article 476 the Code of Civil Procedure No. 92/2015/QH13 dated 25 November 2015).

Courts have jurisdiction to settle:

Appellate Courts shall deliver or notify procedural documents to overseas involved parties and handle delivery or notification results in accordance with Articles 474, 476 and 477 of this Code (Article 480 the Code of Civil Procedure No. 92/2015/QH13 dated 25 November 2015)./.

Related topics:

Common property of husband and wife in Vietnam

Competence to settle cases and matters of marriage and family involving foreign elements in Vietnam

Contact us:

Phone: 0914 165 703 

Email: dmslawfirm@gmail.com

DMS LAW LLC
Director
(Signed)
Lawyer Do Minh Son