During the period of temporary residence in Vietnam, can foreign spouses who get married abroad get a divorce in Vietnam?
During the period of temporary residence in Vietnam, can foreign spouses who get married abroad get a divorce in Vietnam?
Pursuant to Section 14, Part III of Official Dispatch 196/TANDTC-PC 2023, the instructions are as follows:
Clause 1, Article 127 of the Law on Marriage and Family 2014 stipulates:
Divorce involving foreign elements
1. Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.
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Clause 9, Clause 13, Clause 14, Article 3 of the Law on entry, exit, transit, and residence of foreigners in Vietnam 2014 stipulates:
9. Residence means a foreigner’s permanent or temporary residence in Vietnam.
10. Border checkpoint is a place where foreigners are granted entry, exit, or transit.
11. Visa means a document issued by a competent authority of Vietnam to a foreigner to grant entry into Vietnam.
12. Temporary residence permit means a certification by a Vietnamese authority of the period over which the foreigner may temporarily reside in Vietnam.
13. Temporary residence card is a document issued by an immigration authority or a competent authority of the Ministry of Foreign Affairs to a foreigner who is permitted to reside in Vietnam for a certain period of time. This card has the same validity as a visa.
14. Permanent residence card is a document issued by an immigration authority to a foreigner who is permitted to reside indefinitely in Vietnam. This card has the same validity as a visa.
Considering point d, clause 1, Article 469 of the Code of Civil Procedure 2015 stipulates:
Common jurisdiction of Vietnamese Courts to resolve civil cases involving foreign elements
1. Vietnamese Courts shall have the jurisdiction to resolve civil cases involving foreign elements in the following cases:
a) The defendant is an individual who resides, works or lives for a long term in Vietnam;
b) The defendant is an agency or organization which is headquartered in Vietnam or the defendant is an agency or organization has a branch or a representative office in Vietnam, applicable to cases related to the operation of the branch or representative office in Vietnam of such agency/organization;
c) The defendant has properties in Vietnam;
d) The divorce cases with the plaintiffs or the defendants being Vietnamese citizens or involved parties being foreigners who reside, work or live for a long term in Vietnam;
dd) Civil cases related to civil relations which are established, changed or terminated in Vietnam, objects of which are properties in Vietnam or acts performed in Vietnam;
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Thus, based on the above regulations, in case the spouse is a foreigner who has not been granted a permanent residence card in Vietnam, the request for recognition of an uncontested divorce is not under the jurisdiction of the Vietnamese Court.
During the period of temporary residence in Vietnam, can foreign spouses who get married abroad get a divorce in Vietnam? (Picture from internet)
What is the competence to settle cases and matters of marriage and family involving foreign elements in Vietnam?
Pursuant to the provisions of Article 123 of the Law on Marriage and Family 2014, the competence to settle cases and matters of marriage and family involving foreign elements is prescribed as follows:
- The competence to register civil status related to marriage and family relations involving foreign elements must comply with the law on civil status.
- The competence to settle cases and matters of marriage and family involving foreign elements at court must comply with the Civil Procedure Code.
- District-level People’s Courts of localities where Vietnamese citizens reside are competent to cancel illegal marriages, settle divorce cases, disputes over the rights and obligations of husband and wife, parents and children, recognition of parents, children, child adoption and guardianship between Vietnamese citizens residing in border areas and citizens of neighboring countries living in areas bordering on Vietnam in accordance with this Law and other Vietnamese laws.
If there is a foreign element to the marriage, where should I go to register the marriage?
Pursuant to the provisions of Article 37 of the Law on civil status 2014, it is stipulated as follows:
Competence to register marriage
1. District-level People's Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners; between Vietnamese citizens residing in the country and Vietnamese citizens residing abroad; between Vietnamese citizens residing abroad; and between Vietnamese citizens who also have foreign citizenship and Vietnamese citizens or foreigners.
2. In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People's Committee of the place of residence of either partner shall register the marriage.
Accordingly, district-level People's Committees of places of residence of Vietnamese citizens shall register marriages between Vietnamese citizens and foreigners.
In case a foreigner residing in Vietnam requests marriage registration in Vietnam, the district-level People's Committee of the place of residence of either partner shall register the marriage.
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