UNDERSTANDING DIVORCE IN VIETNAM

Divorce in Vietnam

It is a complex procedure influenced by specific laws and regulations, much like in many other countries. As Vietnamese society progresses, family laws are adapting to modern legal standards while also considering traditional values. This guide provides a thorough overview of the divorce process in Vietnam, covering types of divorces, legal procedures, requirements, grounds for divorce, and important considerations for cases involving both Vietnamese and foreign nationals.

Understanding Legal Grounds for Divorce in Vietnam

Vietnamese law outlines various reasons for divorce, permitting the end of a marriage under specific circumstances. These grounds align with commonly observed legal principles in many places and include:

• Infidelity or adultery.
• Abuse or mistreatment.
• Desertion for a significant period.
• Imprisonment of a spouse for a considerable duration.
• Incurable diseases that impact the marriage.
• Inability to cohabit as husband and wife.

1. How much is the divorce fee in Vietnam?

Costs can vary based on the case type. Mutual consent divorces are generally more straightforward, whereas contested cases may incur additional legal fees. It generally starts from $1,800 USD.

2. How long does it take to get a divorce? Depend on the court and the case:

A mutual consent divorce typically concludes within 2 months, while more complex cases can take 6–8 months, depending on the court’s schedule.

3. What happens if I don’t want to get divorced?

Negotiation is key in such scenarios and your legal representative can help. The interested party would need to formally initiate the divorce process.

4. Who has the right to request the Court to settle the divorce between spouses?

Both spouses have this right, with the final decision made on a case-by-case basis by the court.

5. In which cases that the spouses cannot request the Court to settle the divorce? 

As per Article 51 of the Law on Marriage and Family 2014, a husband cannot request a divorce during his wife’s pregnancy, childbirth, or if she is nursing a child under 12 months.

6. How is the jurisdiction of the Vietnamese Court applied for divorces between Vietnamese and foreign nationals?

Vietnamese law applies uniformly to both Vietnamese nationals and foreigners in divorce proceedings.

7. Is the mediation at the Court a mandatory procedure before the divorce settlement?

Mediation is a mandatory step prior to the court’s divorce settlement.

8. Can the Court separate the property dispute from the divorce case?

Vietnamese courts typically handle property disputes alongside the divorce case, though pre-division arrangements are possible.

9. What documents are required when requesting the Court to settle a divorce?

• For the Vietnamese party, you will need a National ID, Permanent Resident Certificate signed by the police, the original and a notarized copy of the Marriage Certificate.
• For the foreign national party, a passport, driver’s license, or any other ID document showing the address of residence are required.

All documents need to be notarized. Finally, your legal representative will need to draft the legal request and application form to file for divorce.

10. How is the recognition and enforcement of foreign judgments on divorce in Vietnam implemented?

A divorce certificate legalized, notarized and translated in Vietnamese is recognized within Vietnam.

11. During the divorce proceedings, does it violate the Vietnamese laws if one of the involved parties lives with another person?

Living with another person during the divorce process is against Vietnamese law, as the marriage is legally still in effect.

12. What acts are prohibited by the Vietnamese laws in divorce?

• Sham divorce
• Forcing a person into divorce
• Deceiving a person into divorce
• Obstructing divorce

Legal Rights in Vietnamese Divorce

Vietnam’s legal system is structured to protect the rights of individuals going through a divorce. This covers crucial aspects such as dividing property, determining child custody, and addressing financial support. The rights of foreigners married to Vietnamese nationals are also respected, ensuring they are treated fairly according to Vietnamese law. This approach underscores Vietnam’s dedication to international legal norms and acknowledges the complexities inherent in marriages and divorces that cross national boundaries.