1. Divorce cases involving foreign elements in Vietnam
2. Competence to settle
- Provincial People’s Court
- District-level People’s Courts to handle divorce cases involving Vietnamese citizens residing in border areas with citizens of neighboring countries residing in border areas with Vietnam.
3. Order and procedures for implementation
Step 1: Submit application for divorce at the competent People’s Court;
Step 2: Within 7-15 days, the Court will check the file, if the file is complete and valid, the Court will send a notice of advance payment.
Step 3: Within 07 days from the date of receiving the Court’s notice of payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance. fee.
Step 4: The judge accepts the case
Step 5: The court conducts conciliation so that the involved parties can reach agreement on the settlement of the case. If conciliation fails, the case will be brought to first instance trial.
4. Profile composition
- Petition/complaint application
- Marriage registration certificate
- ID card and household registration
- Birth certificates of children (if applicable)
- Other documents and evidence evidencing common property such as Certificates of land use rights (red book); Vehicle registration; Savings…
5. Settlement time
- Preparation for trial: up to 04 months. In case the case is a complicated nature or there are objective obstacles, the extension may be extended for no more than 2 months.
- Opening the court session: 01 month from the date of issuing the decision to bring the case to trial. If there is a legitimate reason, this time limit is 02 months.
6. Court fees
Pursuant to the list of court fees and charges, promulgated together with Resolution 326/2016/UBNDVQH14, stipulating the level of advance payment of court fees for divorce cases as follows:
|Divorce has no value||300.000 VND|
|Divorce has value|
|From 6.000.000 VND or less||300.000 VND|
|From over 400.000.000 VND to 800.000.000 VND||20.000.000 VND + 4% of the part of the disputed property value exceeding 400.000.000 VND|
|From over 400.000.000 VND to 800.000.000 VND||36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND|
|From over 800.000.000 VND to 2.000.000.000 VND||36.000.000 VND + 3% of the part of the disputed property value exceeding 800.000.000 VND|
|From over 2.000.000.000 VND to 4.000.000.000 VND||72.000.000 VND + 2% of the part of the disputed property value exceeding 2.000.000.000 VND|
- Divorce has no value is a case in which the claim of the parties is not an amount or the value cannot be determined in a specific amount.
- Divorce has value is a case in which the claim of the involved parties is an amount of money or property that can be determined in a specific amount.
In order to save time to learn the procedures, fill out the form, notarize, wait for the application to be submitted, you can contact HT for advice and support for Divorce with foreign elements the service.
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