Vietnam: Divorce form according to the form of the Council of Judges of the Supreme People's Court of Vietnam and how to write a divorce petition?
What form does a divorce petition take in Vietnam?
Pursuant to Clause 14, Article 3 of the Vietnam Law on Marriage and Family 2014, divorce is the termination of the conjugal relationship according to the court's legally effective judgments and decisions.
There will be 02 common divorce cases: unilateral divorce and consent divorce.
In case of unilateral divorce and consensual divorce, 02 different forms will apply: Form No. 23-DS: Petition and Form No. 01-VDS: Application for civil settlement.
Vietnam: Divorce form according to the form of the Council of Judges of the Supreme People's Court of Vietnam and how to write a divorce petition?
Consent divorce form according to Resolution 04/2018/NQ-HDTP of Vietnam?
Form No. 01-VDS issued together with Resolution 04/2018/NQ-HDTP dated August 09, 2018 of the Council of Judges of the Supreme People's Court of Vietnam:
Download the divorce consent form under Resolution 04/2018/NQ-HDTP: here
Instructions on how to record a consent divorce form according to the above form are guided in Resolution 04/2018/NQ-HDTP as follows:
Subsection (1) Records the type of civil matter that the petitioner requests the Court to settle in accordance with the provisions of the Code of Civil Procedure (e.g. Request to declare a person missing; request to annul the Vietnam Law in marriage; request to annul the resolution of the General Meeting of Shareholders; request to declare the labor contract invalid;...).
Subsections (2) and (5) name the Court with jurisdiction to deal with the civil matter; if it is a People's Court of a district, district, town or provincial city, specify the name of the People's Court of any district, district, town or city of any province or centrally-run city (for example, People's Court of Thuong Tin district, Hanoi city); if it is a People's Court of a province or centrally-run city, send it to the People's Court of that province (city) (for example, the People's Court of Henan province).
Subsection (3) If the petitioner is an individual, state the person's full name, date of birth and number of his or her identity card/national identity card/passport or another identification document; if it is an agency or organization, write the name of the agency or organization and the full name of the legal representative of that agency or organization. If it is a legal representative, after the full name it says "- is the legal representative of the person entitled to request" and clearly states the full name of the person entitled to request; if it is an authorized representative, it says "- is the authorized representative of the person entitled to request according to the written authorization established on ........." and specify the full name of the person entitled to the request. In case there are many people making the same request, number 1, 2, 3,... and write down the full information of each person.
Section (4) If the petitioner is an individual, he/she shall write down the address of his/her place of residence and place of work (if any) at the time of making the request (e.g. Binh An village, Phu Cuong commune, My Duc district, Hanoi city); if it is an agency or organization, write the address of the head office of that agency or organization at the time of making the request (for example, the head office at 20 Ly Thuong Kiet Street, Hoan Kiem District, Hanoi City).
Subsection (6) specifies what the petitioner asks the Court to deal with.
Subsection (7) specifies the reasons, purposes and grounds for requesting the Court to settle the civil matter.
Subsection (8) specifies the full names, addresses of residences, places of employment (if any) of persons whom the petitioner finds relevant to the settlement of such civil matter.
Subsection (9) contains such other information as the petitioner deems necessary for the resolution of his request.
Subsection (10) Specifies the names of the documents and evidence attached to the petition, be copies or originals, in order 1, 2, 3,... (e.g. 1. Copy of Mr. Nguyen Van A's birth certificate; 2. Copies of marriage registration certificates of Mr. Tran Van B and Ms. Pham Thi C;....).
Section (11) Record the location and time of the application (e.g. Hanoi, 08/12/2018; Hung Yen, February 18, 20199).
Subsection (12) If the petitioner is an individual, the person's signature or marker must be obtained; if it is an agency or organization, the legal representative of that agency or organization must sign, clearly state his/her full name and position and stamp the seal of that agency or organization. In case the requester is an enterprise, the use of the seal shall comply with the provisions of the Vietnam Law on Enterprises. In case there are many people requesting the same request, sign and specify the full name of each person at the end of the request form.
How is a unilateral divorce form made in Vietnam?
The current unilateral divorce form is a form of petition specified in Resolution 01/2017/NQ-HDTP in form No. 23-DS The petition is as follows:
sample
Download the unilateral divorce form under Resolution 01/2017/NQ-HDTP here.
Instructions for filling out a unilateral divorce form:
The guidance is prescribed according to Form 23-DS issued together with Resolution 01/2017/NQ-HDTP:
(1) Record the location of the petition (e.g. Hanoi, date..... month..... year......).
(2) Write down the name of the court competent to deal with the case; if it is a district-level People's Court, it should clearly state which district People's Court belongs to which province or centrally-run city (for example, the People's Court of district A belongs to province B), if it is a provincial People's Court, then specify which provincial (city) People's Court (for example: People's Court of Hung Yen Province) and the address of that Court.
(3) If the petitioner is an individual, write his or her full name; In case the petitioner is a minor, a person who has lost civil act capacity, a person with limited civil act capacity, a person with cognitive difficulties in mastering the act, write the full name and address of the legal representative of that individual; if the petitioner is an agency or organization, write down the name of the agency or organization and write the full name and name of the legal representative of that agency or organization suing.
(4) Record the place of residence at the time the petition is filed. If the petitioner is an individual, then write down the full address of residence (e.g. Nguyen Van A, residing in village B, commune C, district M, province H); if the petitioner is an agency or organization, write the address of the head office of that agency or organization (for example, Hin Sen Co., Ltd. with its head office: No. 20 LTK Street, HK District, City H).
(5), (7), (9) and (12) Record similarly to the instructions in point (3).
(6), (8), (10) and (13) The recording is similar to the instruction in point (4).
(11) Specify each issue for the Court to resolve.
(14) Specify the names of the documents attached to the petition and which must be numbered (e.g., the documents attached to the petition include: a copy of the house purchase contract, a copy of the land use right certificate, etc.).
(15) Record information that the petitioner deems necessary for the settlement of the case (e.g., the petitioner informs the Court that when a dispute arises that one of the litigants has gone abroad for medical treatment...).
(16) If the petitioner is an individual, the petitioner's signature or marker must be obtained; in case the petitioner is a minor, a person who has lost civil act capacity, a person with limited civil act capacity, a person with cognitive difficulties in mastering the act, such legal representative must sign the point; in case the petitioner or legal representative is illiterate, cannot see, does not make the petition himself, does not sign or point out by himself, the person with full civil procedure capacity shall testify and sign the petition.
If it is the agency organizing the Vietnam Lawsuit, the legal representative of the agency or organization initiating the Vietnam Lawsuit shall sign, clearly state his/her full name and position and stamp the seal of that agency or organization. In case the initiating organization is an enterprise, the use of the seal shall comply with the provisions of the Vietnam Law on Enterprises. If the petitioner is illiterate, a witness must sign the confirmation as prescribed at Point c, Clause 2, Article 189 of the Civil Procedure Code.
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