Electronic versions of forms under the Family Law Rules , O. Reg. 114/99 , are available in the table below, in a viewable (Adobe PDF) and fillable (Microsoft Word) format. Both formats are printable. The fillable format can be completed on-line and saved to your computer for future reference. You can file most family court forms online using A divorced military wife may also be eligible for survivor benefits after divorce. The Office of U.S. Personnel Management permits a member to select an ex-spouse as the recipient of survivor benefits. The ex-spouse may also obtain a court order requiring the veteran to select her for survivor benefits. Vietnam joined in Patent Cooperation Treaty (PCT) on March 10th 1993 and originations, individuals can register international patent as provided in PCT by filling registration application at National Office of Intellectual Property of Vietnam (NOIP). NOIP has responsibility to examine and handle the application as provided in PCT. Petition for Divorce - FL Divorce 201; Summons - FL Divorce 200; Confidential Information - Form FL All Family 001; Notice re Military Dependent - FL All Family 103; Proof of Personal Service - FL All Family 101; Forms you may also need in this packet: Service Accepted - FL All Family 117 Three decades of dispute. Le An, who was born in 1938 and became one of the wealthiest Vietnamese entrepreneurs by net worth, was involved in a 30-year divorce settlement with his first ex-wife, Le Ngoc Lan. In 1965, An and Lan purchased a house in Ho Chi Minh City briefly after they got married. In 1980, the fat-cat businessman was captured The non-Vietnamese party can, with a Power of Attorney (free download, PDF file), entrust his/her fiancé(e) to submit the application package. The power of attorney is required to be authenticated by the Enbassy / Consulate of Viet Nam after it has been certified by (1) Notary Public, and (2) the State-level Secretary of State. 8BNEV. Divorce between a Vietnamese and another Vietnamese is simple and less complicated. However, when a Vietnamese is divorcing a foreigner it becomes a very complex process. There are several documents to be provided and the court issues the final statement that determines whether the marriage will fall through or not. Before getting divorced to a foreigner as a Vietnamese, you must consider marriage status, property division, custody of children, and settlement of debts among others. In Vietnamese, there are two types of divorce and they are the consensual and the non-consensual divorce. The consensual divorce is usually the best approach because it doesn’t take a lot of time and couples do not have to file a petition at the court. To identify how divorce works between a Vietnamese and a foreigner, let us examine what Consensual and Unilateral divorce it and how to go about both. As a follow-up to a previous article and interview on Vietnam Insider, we wanted to provide some insights about the divorce between a foreigner and a Vietnamese person in Vietnam. Consensual Divorce A consensual divorce happens when both parties reach an agreement on major issues that affects the marriage. Here, they are expected to have agreed on who takes custody of children, how properties are to be shared, and debts settled. Both parties will then approach a competent court to make a pronouncement on their decision. Some important point to note with regards to consensual divorce in Vietnam include The Competence of the Court One of the major things to note when seeking consensual divorce is the competence of the court. This is very important because any pronouncement made by a court that is incompetent is null and void and can be challenged. The residing status of spouses and location of properties within or outside Vietnam are some of the factors that determine the competence of the court. A competent court to make divorce pronouncement in Vietnam could be a provincial-level or district-level court. Documents to Be Submitted To seek a divorce in Vietnam, spouses are to write a request letter. This letter contains the date of the request, name of the court where the divorce is sought, information of spouses, details, and reasons for the divorce. Since it is presumed that they have reached an agreement on important matters, couples are to provide documents that supports any of such agreement. Procedure of Divorce A consensual divorce in Vietnam takes between one – three months from the date the request letter made by spouses is received by the court. It takes this long because the judge that is in charge of the case is expected, by law, to take steps to mediate between couples. The judge is to make a final ruling only when all efforts at reuniting couples proves abortive. Where mediation succeeds, the judge immediately terminates the divorce. The judge will only approve the consensual divorce when The divorce is a voluntary decision of spouses The spouses have reached agreement about property division and custody of children. The legitimate rights of wife and children have been addressed. When a divorce pronouncement is made taking into consideration all of the above, it takes effect immediately and cannot be appealed. Pros and Cons of Consensual Divorce The god side to consensual divorce is that it helps spouses to save their time and money. Also, after the divorce, both parties can still maintain a relationship that works for their children. Non-consensual or Unilateral Divorce Unilateral divorce, unlike consensual divorce, takes a lot of time as it involves a lot of complex process. As a Vietnamese seeking to divorce a foreigner, there are some things you must note about non-consensual divorce and they include The Competence of the Court The competence of the court for unilateral divorce is similar to that of consensual divorce. The difference is that for divorce to be valid, the affected spouse is to file a petition to the court where the other party resides. There are, however, laws in Vietnam that gives the petitioner the freedom to choose a settlement court of their choice. Documents to Be Submitted To get a unilateral divorce, one of the spouse is to prepare a petition dossier that has its roots in the relevant divorce laws of the state where the application is made. Attached to this petition is a documents that shows why the court should intervene in the marriage and grant divorce. For easy application, the foreigner must provide a translation from their foreign language to Vietnamese. Procedure of Divorce After a petition dossier is filed before a court of competent jurisdiction, the court reviews the petition and notifies the petitioner of such receipt. A unilateral takes between nine to twelve months before the marriage is finally dissolved. Meetings are held to evaluate evidences that supports the claim of the petitioner. The court will also take steps to mediate between couples and ensure issues can be addressed through other means of dispute resolution. Where every step to reconcile couples fail, the court takes steps to finalize the divorce by settling The marital status of the spouses Property division and debt settlement Custody of children and other related issues The involvement of children remains the major reason why unilateral divorce are complicated as both parties want to retain custody of children. After divorce has been made, couples can appeal the decision within 15 days. However, there cannot be any appeal when the final decision have been reached been reached. Interview of a divorce lawyer in Vietnam Guillaume from Movetoasia invited Minh, lawyer in Vietnam, to learn more about some common personal matters that he is used to deal with This interview will give you the general picture about typical cases involving foreigners and vietnamese in Vietnam. If you want to learn more, you will find this article about law firms and lawyers in Vietnam and some legal notes on divorce procedure between foreigner and vietnamese. Hiring a Family Lawyer to Handle Unilateral Divorce Consensual divorce is simple and spouses may not need to hire a lawyer to finalize the process. However, where it is a unilateral divorce, the services of an experienced lawyer is needed to – Take facts from couples about the divorce and review documents Advise clients on the best legal steps to take per time Prepare petition dossiers, agreements, letters, and other documents to be submitted to the court Oversee the process of mediation with the other spouse Keep the petitioner updated on recent developments with the case. Finally, consensual divorce is the best approach, but not all divorce will be consensual. Where parties to a divorce find it difficult to agree on every term of the divorce, a unilateral divorce becomes inevitable. Regardless of the divorce type parties are seeking, it is important that they comply with all the statutory requirements. Related Guillaume Rondan CONTRIBUTOR Guillaume Rondan contact is an expat living in Vietnam for 6 years. He owns different businesses and is the founder of Movetoasia a community for investors, business leaders and foreign buyers who wish to invest, do business or do manufacturing from Vietnam. He helps them avoid pitfalls and take proven shortcuts to make the right decisions and thrive in the next 5-10 years. Just a few months after getting married, Nguyen Thu Trang knew that she had made a big mistake. But, in a Confucian society that places a high value on female obedience to men, she was fearful about how her family and friends would react if she sought a divorce. AP Wedding bands “Divorce is often seen as a black mark on a family and I worried about what people would say,” says the 24-year-old office worker from Hanoi. “When I told my mum what I wanted to do she cried every day, but I had to think of my own happiness.” Ms Trang, who went to university in Switzerland, is one of a rapidly growing number of young, professional Vietnamese women filing for divorce, emboldened by increasing financial independence and the shifting social values that have accompanied communist Vietnam’s integration into the global economy. She has since remarried and subsequently helped a number of her friends pluck up the courage to leave unhappy marriages. In many Asian countries, divorce rates have been rising as women become more economically independent and more willing to challenge traditional, socially conservative values. In China, the divorce rate has doubled in less than a decade, rising from per 1,000 people in 2002 to 2 per 1,000 people last year, according to government statistics cited in the state media Vietnam has also seen a particularly sharp rise in the number of divorces, which have increased by nearly 50 per cent since 2005, when legal reforms made it easier for couples to divorce in cases where there is mutual consent. While marriage remains the dominant social unit in Vietnam with per cent of people aged over 15 married or widowed and only per cent divorced, that figure is rising. There were 88,591 divorces last year in the country of 87 million people, according to the supreme court, a rapid increase from 79,769 in 2009 and 65,351 in 2008. This nascent social transformation is being driven by women, who make up the majority of divorce petitioners, with economic pressures, lifestyle differences, adultery and abuse cited as the main causes, according to social researchers. “Traditionally, Vietnamese women were expected to accept what befalls them,” says Tran Thi Van, assistant representative of the UN Population Fund in Vietnam. “But changes in their status and income have made modern Vietnamese women more independent and less influenced by tradition.” Rapid economic growth has created more opportunities for women to earn a good independent income, especially in urban areas, where divorce is far more prevalent. “Many of the cases I see involve younger people,” says one divorce lawyer. “Our open economy and society is leading to more westernised thinking.” He adds that while many Vietnamese men seek respite from a difficult marriage by visiting a brothel, for women the only way out is through divorce. The jump in the number of cases is flooding Vietnam’s inefficient court system and the government is considering a proposal to set up dedicated family courts, according to a legal official. In one recent high profile divorce, a court in Hanoi refused to rule on how one of the country’s wealthiest couples should divide their $500 million of assets, arguing that judgment should be made in a separate civil case. Researchers believe that the scale of marital problems in Vietnam is much worse than the official statistics suggest because enduring discrimination deters many women from leaving unhappy and sometimes abusive marriages. “Like with many of my friends, my husband cheats on me all the time but my mother says it is my own fault for not satisfying him and that I must keep the family together,” says one 32-year-old Hanoi businesswoman and mother of two. Vietnam’s socially conservative and overwhelmingly male leaders are concerned about the jump in divorce numbers, one of various social changes that threaten to undermine traditional control structures. In a typical example of government propagandists’ attempts to tackle the issue, local state-owned TV in the province of Hung Yen, bordering Hanoi, aired a talk show entitled “How to reduce the divorce rate” to mark Vietnamese family day on June 28. However, Nguyen Thanh Tam, a researcher at the Hanoi-based Institute for Family and Gender Studies, thinks officials are wrong to push back against divorce. “It won’t lead them anywhere,” she says. “How can you tell a 30-year-old to stay in a marriage when it has stopped functioning?” Rather than undermining Vietnam’s progress, Vo Thi Hao, an outspoken writer, argues that the growing cohort of empowered, divorced women will drive the country forward. “After divorce, women with a good education, a career and a good social network do much better because they are freed,” says the 55-year-old divorcee, who wrote a popular collection of short stories called 101 Stupid Mistakes by Men. She believes the divorce rate will continue to rise sharply as traditional social values ebb away. “Many of my friends say that staying in an unhappy marriage is like unpaid prostitution,” she says. “In Vietnam today, if it wasn’t for fears about the harm to personal reputation, up to 80 per cent of women would file for divorce”. The Vietnamese authorities are the proper point of contact for registering a marriage in Vietnam. The information below is intended to be a general overview of known requirements for marriage registration in Vietnam. Requirements for registering a marriage can vary from locality to locality and are subject to change. Please contact the local People’s Committee where you or your fiancée live for more information. If you wish to reside in the United States with your foreign-national spouse or fiancée, your partner will need to apply for an immigrant visa. In general, marriages legally performed and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be directed to the attorney general in your state of residence. You are not required to report your marriage to our office. The laws of Vietnam do not regulate marriages between two non-Vietnamese citizens, unless at least one of the two foreigners has permanent or temporary resident permit. We recommend that you check with the District Justice Office for guidance. Marriage Requirements under Vietnamese Law Marriage applications should be filed in person at the District People’s Committee where you live. If one individual is Vietnamese, Vietnamese authorities may require that the application be filed in the Vietnamese citizen’s district of residence. Requirements for obtaining a marriage certificate may vary by locality. The general requirements for a citizen partner are as follows Marriage application This form should be obtained from the Vietnamese District Justice Office at the District People’s Committee and must be signed in front of the People’s Committee civil status official. It should be filled out by one person using one pen. While the fee is set differently by each locality, the approximate cost of a marriage application is 1 million VND and must be paid in cash when picking up the marriage certificate. As of February 2021, in Hanoi and Ho Chi Minh City. Passport photo One 3×4 cm photo of each partner attached to the marriage application. citizen’s passport One notarized copy, which can be obtained at a Vietnamese public notary. Proof of address If the citizen resides in Vietnam, the apartment building where the citizen resides should request proof of residency from the police. Mental Health Certificate A written certification granted by a Vietnamese or competent foreign health organization within 6 months of the date the marriage application is submitted. The certificate must certify that the applicant does not have mental health conditions which render him/her incapable of making independent decisions. Please contact your local District Justice Office for specific instructions. Affidavit of Single Status The applicant can request this document from the civil registry in the state in which they reside or complete this affidavit at the Embassy/Consulate in Vietnam. The affidavit must be signed within six months of application for a marriage certificate. Applicants who were previously married must present an authenticated copy of the divorce decree or death certificate of the previous spouses. The notary fee at the Embassy/Consulate is $50 USD/document. You are required to make an appointment online for this service. Once notarized at the Embassy/Consulate in Vietnam, you must authenticate the notarized signature at the Vietnamese Consular Department at 40 Tran Phu, Ba Dinh District, Hanoi or External Relations Office at 184 bis Pasteur Street, District 1, Ho Chi Minh City before submitting this document as part of the marriage packet. vital statistics office letter This letter, issued by the state or local authorities of the applicant’s place of residence in the United States, should certify that no records of a marriage license or marriage certificate for the applicant exist. The search period must begin when the applicant was 18 and end at present day. **This requirement varies from locality to locality and may not be required. Additional Information Marriages in Vietnam must be registered within 15 days of the date the District Justice Office receives a complete marriage application. Cases which require police verification are eligible for a 10-day extension. All documents not in Vietnamese must have a certified translation into Vietnamese from either the Vietnamese Consulate/Embassy in the or a Vietnamese notary public or certified translator. Certified translation services may also be available at the District People’s Committee. Please consult the list of translators and public notary offices here. After the application is submitted and all fees paid, the District Justice Office may conduct a face-to-face interview to confirm that both parties are voluntarily entering the marriage and can communicate with one another. This requirement varies from locality to locality. If one of the partners holds Vietnamese citizenship, the Vietnamese citizen partner should consult with Vietnamese authorities about the requirements. There are two ways to get a divorce according to Vietnamese law Divorce by mutual consent or divorce at a request of one of the spouses. Based on both legal provisions and in practice, divorce by mutual consent will take the shortest time to get done. So, how can you get the divorce by mutual consent? This paragraph will explain and specify the conditions and procedures for getting a quick divorce by the mutual consent of both the wife and the husband. First, the conditions for getting a divorce by mutual consent These are conditions that you must satisfy if you want a competent court to recognize a divorce by mutual consent The two parties really and willingly want to divorce; The two parties have totally agreed with each other on whether or not their joint ownership properties is divided, and on looking after, nurturing, taking care of and educating their children; and Such agreement must ensure the legitimate interests of the wife and the children. Note Where the conciliation for reunification fails and the concerned parties fail to reach an agreement on distribution of the properties or on looking after, nurturing, taking care of and educating their children even though a very little disagreement, the Court shall suspend the divorce matter regarding recognition of divorce by consent and agreement on raising children upon divorce and accept the case for resolution as procedures for divorce case at a request of one spouse. The Court will not be required to notify acceptance of the case nor re-appoint a judge to resolve the case. Second, the procedures for divorce by mutual consent The procedures for divorce by mutual consent These procedures require 4 steps Step 1 Delivering an application for petition to request a competent Court at a locality in which the spouses live or work to resolve the mutual consent divorce. Such dossier includes An application for recognition of divorce by mutual consent, and agreements on raising children and distributing properties upon divorce as standard form. Both of the spouses must sign or fingerprint on this application; The marriage registration certificate original; Registration book certified copy; Identification card/passport certified copy; Birth certificate of children; and Other data and evidence proving joint properties. Then, this dossier may be delivered either directly or by post to the court. Step 2 Paying court fees After receiving the case, within 3 business days, a judge will be assigned to resolve it. If the judge considers that the dossier satisfies all conditions to accept jurisdiction, he will request the spouses applicant to pay the court fee for the acceptance of the solution of this petition. The period to pay the fee is within 5 days from the date of request. Step 3 Preparation for consideration of the application The Court has one month to consider the application. During this time, the Court must conduct a reconciliation in order for the wife and the husband to reunify. If the conciliation is successful, the Court will suspend the petition and the marriage relationship will be continuing. If not, the Court will conduct other step of consideration of the application. Step 4 Holding a meeting for consideration of the application. Within the period as mentioned in step 3, the court may take the decision to hold a meeting for consideration of the application. Within 15 days after the date of the decision, the Court must hold such meeting to consider as to whether the petition of recognition for mutual consent divorce can be approved. If the petition and agreements satisfy all conditions as provided by law, the Court will recognize their petition, and it often takes only 1 month to complete the divorce in this case. Step 5 Resolution procedures at appellate court If any of the spouses appeals or the procuracy protests against the decision of the first instance Court within the time – limit according to the applicable law, this matter may be solved at the appellate Court. The decision of the appellate Court is binding on both the wife and the husband, and will not be appealed or protested against. Phuoc & Associates is a leading legal consulting firm in Vietnam providing a comprehensive range of legal related services and solutions for international and domestic clients which are multinational corporations, domestic businesses and State owned enterprises in diverse industries in Vietnam. With many years of experience in the professional consulting field, Phuoc & Associates is acknowledged for its leading expertise in areas of Tax, Labour & Employment, Litigation, Commercial Arbitration, Real Estate, Banking & Finance, Intellectual Property, Commerce… With the in-depth understanding of Vietnamese regulations from international business perspective, the Firm builds on synergistic strength to deliver prompt and efficient services to its Clients. Code Download 1329 SummaryArticle NameHow to divorce in the fastest way in Vietnam 2023?DescriptionThere are two ways to get a divorce according to Vietnamese law Divorce by mutual consent or divorce at a request of one of the spouses. Based on both legal ..AuthorDuong Tieng Thu Publisher NamePhuoc & Associates Publisher Logo Writer Phuong Nguyen Pursuant to the law of Vietnam, divorce is a complex procedure. It often requires the settlement of a court for a final decision. There are many matters that spouses should consider such as marriage status, child custody, common properties, common debts, etc. Normally, a spousal consent consensual divorce is a best approach for setting a divorce. If the parties cannot have a spousal consent, then they should file a petition to a court for an unilateral divorce case. Within a limited context, BLawyers Vietnam’s family lawyers would share underneath some experience on divorce procedure between a Vietnamese and a foreigner, in both consensual divorce and unilateral divorce. 1. Consensual divorce Competent court shall recognize the consensual divorce if a spouse reaches consent about all relevant matters of their divorce. These are common property division, obligations for their common children, child custody, etc. There are some notes as follows a. Competence of court Competence of court is subject to residing status of spouses and location of common properties, which is inside or outside Vietnam. Accordingly, a provincial-level court or a district-level court could be competent. b. Requested documents Normally, both spouses must have a request letter. It states i date of the request; ii name of the competent court; iii information of both parties; iv details of the request, including purposes, reasons and basis supporting for their request. The husband and wife must sign together on the letter. Then, they need to add relevant documents supporting their agreements on the consent of divorce, property division and child custody. c. Court procedure The time period for a consensual divorce is 01-03 months from the date the court accepts the documents in Item above. Within that period, the in-charge judge will organize a mediation to reunite the couple. If the mediation is successful and the spouses agreed to live together again, the in-charge judge shall issue a decision to terminate their divorce request. The judge only issues a decision to recognize the consensual divorce and the parties’ agreement if the following conditions are met The spouses engage voluntarily divorce; The spouses reached agreements on dividing common properties or not and obligations for their common children; and Their agreements must ensure the legitimate rights of the wife and children. The decision to recognize the consent of a divorce will take legal effect immediately without being appealed. Of note, the court normally requests the foreign spouse to have a Vietnamese interpreter to present their opinions before court. d. Pros and cons As said, consent divorce is the best approach for spouses’ divorce. It saves time and fees/ expenses from both parties. Then, with good emotional control, both parties could maintain their relationship and/or for taking care of their children together. However, the competent court only recognizes divorce if spouses reached an agreement in all mentioned issues of their marriage. 2. Unilateral divorce There are some notes on a unilateral divorce as follows a. Competence of court The court’s competence is as same as for the procedure of a consensual divorce. However, a spouse should file a petition dossier to court where other spouse resides. In some cases, the prevailing law of Vietnam allows the petitioner to select a court for settlement. b. Requested documents A spouse must prepare a petition dossier for unilateral divorce including statutory contents by law. She needs to submit all documents and evidence showing that his/her rights over the divorce and demands for court’s consideration. Of note, she should legalize/ translate all documents in foreign languages into Vietnamese. c. Court procedure After considering the submitted petition dossier, the court shall send a notice to the petitioner about its acceptance on the divorce case. Practically, it could take around 09-12 months for courts to settle an unilateral divorce. Before opening hearings for resolving divorce case, the court could hold meetings for disclosing evidence and mediation. In case of unsuccessful mediation between spouses, the court will settle the following maters of the divorce Marriage status; Common properties and common debts; and Common children. Per our experience, unilateral divorce procedure between a foreigner and a Vietnamese is complicated. One of reasons are the involvement of child/ children under 3 years old and both parties want to request the direct custody. In other cases, as the law do not allow foreign spouse to have titles over real estates land lots and houses and the Vietnamese one has titles. Like other kinds of dispute, the parties have the right to appeal the first instance judgment/ decision of the court within 15 days from the announce date. Then, when the final judgment/ decision becomes valid, a party has the right to request an enforcement if not receiving the support from other side. Read more Some legal notes for marriage registration between a foreigner and Vietnamese in Vietnam 3. Hiring a family/ divorce lawyer for a divorce procedure between a foreigner and a Vietnamese In case spouses can reach a consensual divorce, everything seems a lot simpler. However, if they must bring the case to courts, asking support from a family lawyer or divorce lawyer is considerable. An experienced lawyer can help Listening facts/ demands from clients, reviewing documents/ evidence; Advising clients on their current situation; Preparing petition dossiers, agreements, explanations, requesting letters, etc. to submit to the competent court; Supporting on negotiation with other side and his/her attorney, if any; and Working with the in-charge court and keep your case going step-by-step. Before starting a case with lawyers, you should meet them to present clearly your facts and demands. Then, asking questions to clarify how lawyers help your case, including their scope of work, service fee and out-of-pocket fees, timeline. A good communicating with lawyers during your divorce case is key of successful support. In conclusion, a consent divorce is the best approach that spouses could consider for terminating their marriage relationship. However, no matter what approach of divorce, spouses should comply all statutory procedures for courts to officially recognize. In addition, seeking support from an experienced family lawyer in divorce case is noteworthy. If you have any questions on this matter, please revert to us at consult We are happy to hear and support.

filing for divorce in vietnam