SOME NOTES ON PROCEEDING WITH DIVORCE CASES INVOLVING FOREIGN ELEMENTS - OTIS LAWYERS

Timeframe for Resolving Divorce Cases with Foreign Elements

The time required to resolve divorce cases with foreign elements may vary depending on the type of divorce and specific factors in each case. However, the estimated time frames for resolving divorce cases with foreign elements are as follows:

• Uncontested divorce with foreign elements: Approximately 3 to 4 months.
• Contested unilateral divorce with foreign elements: First-instance judgment from 4 to 6 months (may be longer in case of absenteeism of the respondent, property disputes, child custody disputes, etc.). Appellate judgment from 3 to 4 months (if there is an appeal).
• Cases of divorce in absentia of a foreigner: The duration may extend up to approximately 24 months as the Court needs to carry out legal procedures for judicial delegation.

However, these timeframes may vary depending on specific factors in each case, such as the absenteeism of the respondent, property disputes, child custody disputes, and other issues that may prolong the resolution process.

Divorce Fees with Foreign Elements

According to Resolution No. 326/2016/UBTVQH14, the divorce fees with foreign elements are regulated by the fee schedule law. The fee is 300,000 Vietnamese dong when there are no property disputes. Specifically:

• First-instance divorce judgment fee for unilateral divorce requests with foreign elements: 300,000 Vietnamese dong.
• First-instance judgment fee for uncontested divorce requests with foreign elements (without property disputes): 300,000 Vietnamese dong.
• Fee for resolving divorce requests with foreign elements and property disputes valued at 6,000,000 Vietnamese dong or more: 300,000 Vietnamese dong plus a percentage of the disputed property value (fee divided by property sharing).
• Legal fee for legal verification overseas: 200,000 Vietnamese dong.
• In the case of uncontested divorce with shared property, where the spouses have previously agreed, there is no need to pay the property division fee.

In the case of unilateral divorce, the costs that both spouses must bear during the proceedings at the Court will be divided into two scenarios:

• When the Court only resolves the marriage relationship: The costs include only the divorce fee without a pay scale, with a first-instance fee of 300,000 Vietnamese dong.
• When the Court resolves the marriage relationship, shared children, and property.

For cases with property disputes:

• For properties valued under 6,000,000 Vietnamese dong: 300,000 Vietnamese dong.
• For properties valued from 6,000,000 to 400,000,000 Vietnamese dong: 5% of the disputed property value.
• For properties valued from 800,000,000 to 2,000,000,000 Vietnamese dong: 36,000,000 Vietnamese dong plus 3% of the portion exceeding 800,000,000 Vietnamese dong.
• For properties valued from 2,000,000,000 to 4,000,000,000 Vietnamese dong: 72,000,000 Vietnamese dong plus 2% of the portion exceeding 2,000,000,000 Vietnamese dong.
• For properties valued over 4,000,000,000 Vietnamese dong: 112,000,000 Vietnamese dong plus 0.1% of the portion exceeding 4,000,000,000 Vietnamese dong.

Property Division after Divorce with Foreign Elements

For citizens residing in Vietnam and owning assets such as homes and cash in Vietnam, the division will be governed by Vietnamese law.

Legally, the law prioritizes cases where spouses agree on property division after divorce. In cases where agreements fail, both parties may request the Court to resolve the property division according to the following principles:

• Applying the property division regime stipulated when there is no agreement on property division between the spouses or when the Court deems the entire agreement null and void.
• Applying the terms of the agreement if there is a clear agreement on property division between spouses and it is not annulled by the Court.
• Applying the legal basis of the Marriage and Family Law 2014 on common property in cases where spouses have no common agreement on property or the agreement is unclear or annulled by the Court.

In the event that the property regime of spouses is established through an agreement, the property settlement in divorce will be governed by that agreement. If the agreement is not reached, according to the corresponding provisions of Article 59 of the Marriage and Family Law 2014, as well as Articles 60, 61, 62, 63, and 64 of this Law will be applied to resolve it. Common property of spouses will be divided equally but also based on the following factors:

• Family and personal circumstances of the spouses;
• Contributions of the spouses in creating, maintaining, and developing common property. The labor of the spouses is considered income-generating labor;
• Protecting the legitimate interests of spouses in production, business, and profession activities to ensure the ability to continue working and generating income for both parties;
• Fault of each party in violating the rights and obligations of spouses.

Common property of spouses will be divided by actual items, and if not divided into actual items, it will be divided by value. The receiving party of the larger-valued property must pay the difference to the other party.

The separate property of spouses belongs to the ownership of the individual, unless the separate property has been incorporated into the common property according to the provisions of this Law.

In the case of mergers, mixing between separate property and common property that the spouses request to divide the property, the parties will be paid for the value of the property they contributed to that property, unless the spouses have a different agreement.

Protecting the legitimate rights and interests of the spouse, minor children, children who have reached the age of majority but lost the capacity for civil acts, or have no ability to work and no property to support themselves.

The Supreme People's Court will coordinate with the Supreme People's Procuracy and the Ministry of Justice to guide the implementation of this provision.

Therefore, in principle, property settlement after divorce will prioritize negotiation and agreement between spouses. In cases where negotiations fail, the resolution will be in accordance with the current provisions of the law.

Frequently Asked Questions

Can Vietnamese courts handle divorces with foreign elements?

Vietnamese courts can handle divorces with foreign elements. In fact, our country has regulations on handling divorce cases related to foreign elements. However, in cases of divorce with foreign elements, the procedures and timeframes for resolution may be more complex due to factors related to international law and regulations concerning family law in other countries.

Resolving divorces with foreign elements requires cooperation between Vietnamese courts and similar agencies in the corresponding foreign countries. If one of the parties in the divorce case is a foreign citizen, the procedures and decisions of the Court may be related to international agreements and regulations on family law in their country.

Therefore, if you are in a situation of divorce with foreign elements, you should seek assistance from an experienced lawyer in this field at OTIS LAWYERS to receive advice on divorce in this complex legal process.

Where are divorces foreign elements handled?

The procedures for divorces with foreign elements are under the jurisdiction of the provincial-level People's Courts where the petitioner resides or works (in the case of unilateral divorce) or the provincial-level People's Courts where the spouses reside or work (in the case of uncontested divorce).

How much is the fee for divorces with absent foreign elements according to regulations?

Based on Resolution No. 326/2016/UBTVQH14, the fee for divorces with absent foreign elements is 300,000 Vietnamese dong if there are no property disputes. In cases of property disputes, the fee is determined based on the value of the property.

For any questions or comments, please contact:

OTIS AND PARTNERS LAW FIRM

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