DIVORCE WITH FOREIGN ELEMENTS ACCORDING TO VIETNAMESE LAW - OTIS LAWYERS

Divorce is the termination of marital relations by judgment, a legally effective decision of the Court. In which, divorce with foreign elements refers to cases of divorce involving a foreign individual or residing abroad. Unlike domestic divorce procedures, divorce with foreign elements is quite complex and poses many difficulties.

In recent years, divorce has become increasingly common in Vietnam, and the procedures for handling divorce cases with foreign elements are facing many challenges. Therefore, to ensure consistency in the litigation process, the Court needs detailed guidance documents for handling these cases in the future.

If you are interested in divorce procedures with foreign elements, the following article by OTIS LAWYERS will address some related questions regarding jurisdiction, time limits, costs, as well as state regulations on this matter.

What is Divorce with Foreign Elements?

Divorce with foreign elements refers to cases where one of the spouses is a foreign individual or resides abroad. According to Article 127 of the Law on Marriage and Family 2014, Vietnamese law stipulates three cases of divorce with foreign elements as follows:

• Divorce between a Vietnamese national and a foreigner;
• Divorce between two foreigners in Vietnam;
• Divorce involving a Vietnamese national, but with grounds established, changed, or terminated according to the laws of a foreign country, arising in a foreign country, or involving assets related to marital relations abroad.

At the same time, Articles 2 and 3 of Article 127 of the Law on Marriage and Family 2014 regulate the methods for resolving divorces with foreign elements according to the laws of another country in the following cases:

• Resolution according to the laws of the common habitual residence of the spouses when both are Vietnamese citizens but not habitually residing in Vietnam at the time of divorce request;
• In cases where both do not have a common habitual residence, divorce procedures are resolved according to Vietnamese law;
• In cases where the spouses have common immovable property abroad, the resolution of this property shall comply with the current regulations of the country where the property is located.

Depending on the specific circumstances of each case, there will be different resolution options. It can be seen that Vietnamese law respects the resolution of divorce procedures with foreign elements in accordance with the legal regulations of other countries.

Thus, divorce with foreign elements refers to divorce cases involving the laws of many countries, not just the laws of one country. These are often cases where one or both spouses are foreigners; there are differences in nationality, residence of the spouses; assets, children related to foreign countries or have legal elements of foreign countries.

Jurisdiction for Resolving Divorce with Foreign Elements

Based on the provisions of Articles 469 and 470 of the Civil Procedure Code 2015, the jurisdiction to resolve divorces with foreign elements belongs to the Provincial People's Court. This aims to ensure that complex cases involving multiple countries are handled consistently, avoiding overlapping jurisdiction between lower courts.

According to Article 3 of Article 35 of the Civil Procedure Code 2015, disputes, requests involving parties or assets abroad, or requiring legal representation to the judicial authorities of the Socialist Republic of Vietnam abroad, to the Court, competent authorities of the foreign country, then the jurisdiction to resolve divorces with foreign elements in this case will be the Provincial People's Court.

For cases of divorce between Vietnamese citizens residing in border areas with citizens of neighboring countries also residing there, the competent authority to resolve divorces with foreign elements is the District People's Court according to Article 4 of Article 35 of the Civil Procedure Code 2015.

Some divorce cases with foreign elements will fall under the jurisdiction of the District People's Court:

• Requests for divorce with foreign elements but where both parties and assets are in Vietnam, without the need for international legal representation;
• The District People's Court at the residence of the Vietnamese citizen has the right to annul marriages contrary to law, handle divorces, disputes related to the rights and obligations of spouses, parents and children, regarding receiving adoptive parents, adopted children, and guardianship between Vietnamese citizens residing in border areas with citizens of foreign countries residing there according to the provisions of this Code and other current regulations.

For any questions or comments, please contact:
OTIS AND PARTNERS LAW FIRM
Office address: 2nd Floor, CT3 Building, Yen Hoa Park View Urban Area, No. 3 Vu Pham Ham Street, Yen Hoa Ward, Cau Giay District, Hanoi
Email: [email protected]
Hotline: 0987748111