Learn about the divorce procedure in Vietnam that foreigners should know

1. What is divorce?

Divorce is the termination of a marital relationship by court judgment, a legal decision. Therefore, it is necessary to determine who has the right to request a divorce. Based on Article 51 of the Law on Marriage and Family 2014, the following individuals have the right to request divorce:- The husband, wife, or both have the right to request the court for divorce.- Parents, other relatives have the right to request the court for divorce when one of the spouses is mentally ill or incapacitated in other ways, unable to control their actions, and at the same time is a victim of domestic violence caused by their spouse, seriously affecting their life, health, and well-being.

Conditions for an amicable divorce

Based on Article 55 of the Law on Marriage and Family 2014, the conditions for an amicable divorce are as follows:

'In case both husband and wife request for a divorce and it is found that both parties genuinely agree to divorce and have reached an agreement on property division, custody, care, education of children based on ensuring the legitimate rights and interests of the wife and children, the court shall recognize the amicable divorce. If no agreement can be reached or if the agreement does not guarantee the legitimate rights and interests of the wife and children, the court will resolve the divorce.'

2. What documents do you need to prepare to carry out an amicable divorce procedure?According to the provisions of Article 29, Clause 2 of the Civil Procedure Code 2015, the requirements for recognizing amicable divorce and property division upon divorce are considered civil matters. Therefore, to have the court settle the amicable divorce procedure, the couple must prepare the following types of documents and files:- Application for recognizing amicable divorce;

- Marriage certificate (original copy);

- Household registration book (certified copy);

- ID card/citizen identification card/passport (certified copy);- Other documents, evidence proving shared assets such as: Land use rights certificate, house ownership certificate (red book), vehicle registration; savings book... (copies);- Other documents, evidence, papers proving the debts, property obligations of the husband and wife during the marriage (copies);

- If the couple registered for marriage according to the foreign law and want to divorce in Vietnam, they must legally obtain the marriage registration certificate and go through the registration procedures at the Department of Justice before submitting the divorce application and documents;

- Other papers, documents if required.

3. How is the amicable divorce procedure conducted?

According to current legal regulations, the amicable divorce procedure of the spouses can be conducted as follows:

Step 1: Submit the divorce settlement dossier

According to Article 39, Clause 2, Point h of the Civil Procedure Code 2015:

'The court where one of the spouses proposes an amicable divorce, agrees on child custody, property division upon divorce, is competent to settle the request for recognizing amicable divorce, agree on child custody, and property division upon divorce.'

The divorce dossier can be submitted directly to the court or sent by post.

Step 2: Receive notice of receiving the application, notice of court fees

After receiving the full application dossier, within 03 days, the Chief Justice of the Court will assign a Judge to handle the case. If the dossier meets the requirements, the Judge will issue a notice of paying the fee and within 05 days, the couple must complete it.

Step 3: Pay the advance court fee

Based on the court's notice, the couple pays the advance fee at the District/City Civil Enforcement Division and submits the receipt to the Court (if the Provincial People's Court decides, the payment is made at the Provincial Civil Enforcement Division).

Step 4: The court prepares to review the divorce application and hold a public trial to settle the request for recognizing an amicable divorce

The time limit for preparing a review of the application is 01 month, from the date of acceptance. During this preparation period, the Court must issue a decision to hold a resolution meeting and hold the meeting within 15 days from the date of the decision.

At that point, the Judge will conduct conciliation for the couple to reunite, explain the rights, obligations of the husband and wife, parents with children, about the responsibility of child support...

Step 5: Issue a decision to recognize an amicable divorce

In case of successful reconciliation, the couple will reunite, the Court will issue a decision to suspend the divorce request of the couple.