Asians always have concept that "A family is the seed of society; therefore, marriage relationship protection is always given priority among legal issues. However, in a modern society, divorce is not a social problem, but it is the best solution for the unhappy marriage.
1. If Vietnamese citizens in the country propose divorce with Vietnamese citizens living abroad (the defendants), the court will proceed as follows:
a, If it is possible to communicate with the defendants abroad through their relatives, the court will send the plaintiffs's testimony to the defendants via their relatives and ask them to respond to court by testimony or relevant documents for the divorce settlement. Based on the testimony and relevant documents, the court carries out the general procedures.
b, If it is impossible to communicate with the defendants abroad, the court will decide to terminate the case, explain to the plaintiffs that they may raise their petition to the local district court to declare the missing or dead defendants. This is the basis for the marriage termination.
c, If there is evidence showing that the defendants’ relatives refuse to give the defendants’ addresses and information to the court and do not follow the court’ request, this is considered as defendants’ deliberate refusal to reveal the information. If they still refuse for the second times, the court will carry out the trial with absence of the defendants as the common procedures. After the trial, the court will immediately send the defendants’ relatives the judgment or decision, and public the judgment, decisions at the The People's committee at commune level so that the concerned person can appeal under the rocedural law.
2. Marriage between Vietnamese living abroad and foreigner has been recognized in Vietnam. Now the Vietnamese comes back Vietnam and foreigner proposes divorce
- If the foreigner living abroad (Plaintiffs) proposes divorce with Vietnamese while he/she still has Vietnamese nationality and lives in Vietnam, the court will proceed the settlement as follows:
If the plaintiffs are the citizen of country signing Treaty on Mutual Legal Assistance with Vietnam, the settlement will apply the treaty (If the treaty is different from the local law) or apply Law on Marriage and Family 2000 (If there is no provision). If the plaintiffs are the citizen of country, which has not sigined Treaty on Mutual Legal Assistance with Vietnam, the settlement will apply Law on Marriage and Family 2000. In both cases, abroad real estate assets will be settled in complies with that country’s law. In the case of Vietnamese no longer has Vietnamese nationality, the court does not accept the settlement, even when they are living in Vietnam because this is not under the jurisdiction competence of the court in Vietnam.
3. Vietnamese citizens living in the country proposes divorce with foreigners living abroad:
- It is popular that many foreigners get married to Vietnameses living in Vietnam, and then come back to their home countries forever without any communication with Vietnameses. If the Vietnameses propose divorce, the court will verify the defendants’ addresses to contact for testimony. If it is impossible to contract the foreigners and they have not have any communications with their spouses in Vietnam for 1 year or more, the court assume that the defendants intend to conceal their addresses. The divorce suit will be proceeded with the absence of defendant.
Translated from: Luật sư tư vấn thủ tục ly hôn với người nước ngoài
MINH KHUE LAW FIRM