Question

Answer

Time limit for divorce involving foreign elements in Vietnam ?

The time limit for opening a Court session or a meeting for mediating shall be determined as follows:

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 Civil Procedure Code No. 92/2015/QH13 dated November 25, 2015).

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 Civil Procedure Code No. 92/2015/QH13 dated November 25, 2015).

The petitions or written requests must state clearly full names, addresses and nationalities of involved parties living overseas enclosed with papers and documents authenticating full names, addresses and nationalities of such involved parties

If full names, addresses and nationalties of involved parties living overseas are not fully specified, they must be completed within a time limit specified by the Courts; pass such time limit, if such information are not fully provided, the Courts shall return such petitions/requests (Clause 1 Article 473 The Civil Procedure Code No. 92/2015/QH13 dated November 25, 2015).

Vietnamese Courts shall have the jurisdiction to resolve civil cases involving foreign elements in the following cases:

The 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.

When the jurisdiction of Vietnamese Courts have been determined according to provisions of this Chapter, the Court shall base themselves of provisions of Chapter III of this Code to determine their specific jurisdiction to resolve the civil case involving foreign elements (Point d Clause 1, Clause 2 Article 469 The Civil Procedure Code No. 92/2015/QH13 dated November 25, 2015).

Therefore, 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./.

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Email: dmslawfirm@gmail.com

DMS Law firm in Vietnam
Director
(Signed)
Lawyer Do Minh Son