Legal matters concerning marriages and divorces in Vietnam

Vietnam family laws covers all legal matters concerning marriages and divorces, including marriage registration procedures, and divorce procedures, matters concerning separate or joint ownership assets and property, child custody, child support, and dispute on related matters.

 

Vietnam marriage laws have developed during the past 40 years and are still connected with changes in the thinking of the Vietnamese society and are thereby not exempt from future amendments that might appear simultaneously with the changes in Vietnam’s fast emerging society. The legal fundamental basis for marriages in Vietnam is the Marriage and Family Law.  Some of the main points that are included in this law’s mission are for contributing to build and protect the marriage and family regime as well as to protect legitimate rights and interests of family members. The essential legal provisions of the Vietnam marriage law requires and determines: a required marital age for male is at least 20 years and female 18 years; marriages must be voluntary, progressive, monogamous marriages in which husband and wife are equal; marriages between partners of different nationalities, religions etc. are respected and legally protected but marriages between married people, people without civil act capacity, between the same direct blood line or within three generations, between (former) adoptive parents and children or parents- and children-in-law and stepparents and stepchildren, are forbidden. Although the marriage between persons of the same sex is not forbidden any more but the State shall not recognize it.

Furthermore, marriage or remarriages must be registered with the competent State bodies (registration offices) where either of the marriage partners resides. Vietnamese citizens living abroad shall refer to overseas Vietnamese diplomatic missions or consulates for services.  Unless otherwise provided by law, the provisions of the Marriage and Family law also are also applicable for foreigners involved in Vietnamese marriages.  In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty prevail.

The registration procedures might differ in some points for foreigners because of the documents required from their home countries.  Papers issued, granted or certified by competent foreign agencies for use in the settlement of cases and matters of marriage and family shall be notarized, legalized, except cases eligible for exemption from consular legalization under treaties to which the Socialist Republic of Vietnam is a contracting party or on the principle of reciprocity. Foreigners must demonstrate that they are eligible for marriage in compliance with the law of their home countries. According to the Vietnam Marriage and Family law, foreigners enjoy the same rights and obligations like Vietnamese and Vietnam provides protection for the legitimate rights and interests of Vietnamese living abroad in marriage and family relations in accordance with the law.  In the case of a marriage between a foreigner and a Vietnamese, each one must abide by the legislation of his/her country on the marriage conditions. The law also bans marriages whereby foreigners take advantages related to human trafficking, sexually abuse against women.

The law on marriage and family has brought a positive change to the role of the family in Vietnamese society and the traditional values ​​of marriage and family. These legal provisions have contributed to the protection and perfection of a progressive marriage and family regime by creating legal standards that keep pace with the times but also respect long-standing traditional values ​​of Vietnam. However, Vietnam still lacks complex mechanisms to deal with all those involved and another problem is that some clauses are overlapping and are not clear enough to address outstanding issues such as: cohabitation system such as husband and wife, separated or surrogacy. Prenuptial agreements, premarital agreements or similar marriage contracts are not recognized in Vietnam. However, agreements on joint assets, or division of assets during marriage are recognized but certain procedures have to be followed.

Lawyers at ANT Lawyers - Law firm in Vietnam have experience with registration of marriage, divorce procedures or dispute matters of assets, properties in Vietnam.

ANT Lawyers - a Marriage and family dispute law firm in Vietnam with international standard, local expertise and strong international network. We focus on customers’ needs and provide clients with a high quality legal advice and services. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529.

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Guidance on Unilateral Divorce Procedure

Divorce is the termination of husband and wife relationship according to the court’s legally effective judgment or decision. Divorce procedures are prescribed in the Civil Procedure Code, Law on Marriage and Family, Law on Mediation at grassroots… There are two forms of divorce in Vietnam: divorce at the request of one party (unilateral divorce) and divorce by mutual consent.

Divorce dispute lawyers in Vietnam

For divorce at the request of one party, the Court shall handle divorce at the request of spouse if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable. The goals of a marriage that are not achieved include unequal obligations and rights between husband and wife; no husband and wife friendship; husband and wife do not respect each other’s honor, dignity and reputation; do not respect the right to freedom of belief and each other; do not help, and facilitate each other to develop in all aspects. In addition, a husband has no right to request a divorce when his wife is pregnant, gives birth or is nursing an under-12-month child. This provision limits the husband’s right to request a divorce when the wife is pregnant or is raising children under 12 months of age and if the wife requests divorce, whether she is pregnant or raising children under 12 months of age, the court the court still accepts and resolves like other normal cases.

Documents to file divorce petition?

Documents required for unilateral divorce include: Unilateral divorce application form; Marriage certificate (original copy); Identity card of husband and wife (certified copy); Child’s birth certificate (if there are common children, certified copy); Household registration book (certified copy); Documents proving ownership of common property (if there is common property, certified copy).

In order to proceed with a unilateral divorce, the petitioner needs to file a lawsuit for divorce at the competent court. The Court where the defendant resides and works is competent court to settle according to the first-instance procedure disputes about marriage and family. Therefore, in the case of unilateral divorce, the Court where the competent jurisdiction is located is the place where the defendant resides and works. In case of foreigners being husband or wife, the provincial/municipal courts are competent courts to settle.

What is procedure of divorce petition?

Before accepting the divorce petition, the State and society encourage the mediation at the grassroots level when the husband and wife request the divorce with petition. Mediation is conducted in accordance with the Mediation at grassroots.

After receiving the unilateral divorce petition, the Chief Justice of the Court assigns the Judge to examine the application and relevant papers. In case of necessity, the plaintiff shall notify the applicant of additional papers and necessary information. If the dossier is complete and eligible to accept the case, the Court shall notify the plaintiff of the advance payment of court fees at the Civil Judgment Execution Bureau within 7 days and return it to the Court a receipt of court fee advances. The judge proceeds to accept the case upon receiving the receipt of payment of court fee advances and shall notify the plaintiff, the defendant and the persons with relevant rights and obligations regarding the acceptance of the case within 03 days. The defendant and the persons with relevant rights and obligations within 15 days from the date of receipt of the notice of acceptance have the right to make counter-claims to the plaintiffs’ requests.

After the petition has been accepted, the Court shall conduct conciliation according to the law on civil procedures. The judge assigned to solve the case conducts a meeting to check the handover, access, disclosure of evidence and mediation of divorce between the involved parties and analyze clearly the rights and obligations for the involved parties to reach an agreement on the resolution of the case. In case after mediation the husband and wife reunite, it is considered the plaintiff withdraws the petition, and the Court issues a decision to suspend their request. If they cannot reunite but reach an agreement on the divorce, property division and children custody, after 7 days from the date the Court makes the minutes of the mediation to the parties without changing their mind. The Court shall recognize the divorce agreement and issue a decision recognizing the agreement of the parties. In case of unsuccessful mediation, the Court shall issue a decision to bring the case to trial if it is not in the case of suspension of settlement as prescribed.

How court trial is opened for divorce petition case?

Within 01 month from the day on which the decision to bring the case to trial is issued, the Court must open a trial. In case of good reason, this time limit may be extended but for no more than 2 months. At the end of the trial, the result of unilateral divorce resolution will be decided by the civil judgment. In case of unilateral divorce, the settlement time may be longer, maybe from 04 to 06 months. In fact, due to possible child custody and property disputes, the time to resolve may be longer.

For cases with disputes over assets, apart from the court fee of VND 300,000, the involved parties must also bear court costs for the disputed properties, determined according to the value of the disputed properties according to the provisions.

It is important that the parties need to research and prepare for relevant documents and procedures in their case and consult with lawyers in civil, family and property division, child custody disputes in Vietnam before taking action.

ANT Lawyers - a Law firm in Vietnam has experience lawyers with divorce procedures or dispute matters of assets, properties in Vietnam. For advice or service request, please contact us via email ant@antlawyers.vn, or call us +84 24 730 86 529

 

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Change of Child Raising Person after Divorce

When divorce, children raising issue is very important and is always considered by the parties. Typically, parents always want the best for their children. However, there are also cases that the person who is raising that child unable to provide comprehensive benefits for the child. Then the person who is not directly raise the child may request for caregiver to ensure human rights.

ANT Lawyers would advise to customers some of the content in the issue of stipulating caregiver and change of caregiver after divorce.

The nursing, take care, educating and parenting after divorce

After divorce, parents are still obliged to look after, take care, educating, parenting minors or adults who are disabled, lost their civil act capacity, inability to work and have no property to support themselves.

The person who is not directly raises children have to provide rearing support.

Husband and wife agree on the person who directly raise the children, the rights and obligations of each party after divorce to their children; if no agreement is reached, the Court decided to assign one party to directly raise children based on the interests of that children in all aspects; if the children is nine years old or older, the wishes of the children must be considered.

In principle, children under three years of age are directly raised by the mother, unless the parties agree otherwise.

Change the person who directly raises children after divorce

For the benefit of the children, at the request of one or both parties, the Court may decide to change the child directly raising people.

The change of child directly raising people after divorce is conducted in case the people who directly raise the child does not guarantee the rights of the child in all aspects. Moreover, if the child is nine years old or older, we have to take into consideration the aspirations of the child.

ANT Lawyers - Marriage and family dispute law firm in Vietnam has experience in civil and family matters to advice clients whom are interested for such legal service in Vietnam. We assist our clients in the process of reviewing agreements, procedures and concerned matters in civil and family.

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