00:44 | 30/12/2023

Vietnam: What is the latest divorce petition form in 2024? How to prepare a divorce petition according to current regulations?

What is the latest divorce petition form in 2024? How to prepare a divorce petition in Vietnam according to current regulations? B.T (Kien Giang).

What is the latest divorce petition form in Vietnam in 2024?

Currently, there are two types of divorce petition forms: mutual consent divorce petition and unilateral divorce petition.

Accordingly, based on current regulations, you can refer to the following two divorce petition samples:

(1) Mutual consent divorce petition (similar to the application to resolve a civil matter)

Here

(2) Unilateral divorce petition (similar to the Petition)

Here.

Vietnam: What is the latest divorce petition form in 2024? How to prepare a divorce petition according to current regulations? (Image from the Internet)

How to prepare a divorce petition in Vietnam according to current regulations?

Below are things to keep in mind when filling out a divorce petition:

Mutual consent divorce petition

Section (1) Request for divorce or Termination of marital relationship.

Sections (2) and (5): Name of the Court with jurisdiction to resolve civil matters; If it is the People's Court of a district, town, or provincial city, clearly state the name of the People's Court of the district, town, provincial city, or centrally run city (for example: Court People of Thuong Tin district, Hanoi city);

If it is the 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 Ha Nam province).

Section (3): Full name, date of birth and ID card number/citizen ID card/passport or other identification documents;

If you are a legal representative, after your full name, write "- is the legal representative of the person with the right to request" and clearly state the full name of the person with the right to request; if you are an authorized representative, then write "- is the authorized representative of the person with the right to request according to the authorization document established on ……..." and clearly state the full name of the person with the right to request.

In case there are many people making the request, number 1, 2, 3,... and write down all information for each person.

Section (4) Full address of residence and workplace (if any) of the requester at the time of application (for example: Binh An village, Phu Cuong commune, My Duc district, Hanoi) ;

Section (6) Contents that the requester requests the Court to resolve.

Section (7) Reasons, purposes, and basis for requesting the Court to resolve the divorce.

Section (8) Full names, addresses of residence and place of work (if any) of the people the requester finds involved.

Section (9) Other information that the requester considers necessary for resolving his or her request.

Section (10) Names of documents and evidence attached to the request, whether they are copies or originals, in order 1, 2, 3,... (for example: 1. Copy of Mr. Nguyen's birth certificate Van A; 2. Copy of marriage registration certificate of Mr. Tran Van B and Ms. Pham Thi C;....).

Section (11) Location and time of making the request (for example: Hanoi, December 8, 2018; Hung Yen, February 18, 2019).

Section (12) Signature or fingerprint.

Unilateral divorce petition

(1) Location where the lawsuit is filed (for example: Hanoi, date….. month….. year……).

(2) Name of the Court with jurisdiction to resolve the case; If it is a district People's Court, it is necessary to clearly state which district People's Court belongs to which province or centrally run city (for example: People's Court of district A in province B), if it is a provincial- level People's Court, clearly state the People's Court of the province (city) (for example, the People's Court of Hung Yen province) and the address of that Court.

(3) Full name of the plaintiff;

If the plaintiff is an agency or organization, write the name of the agency or organization and write the full name of the legal representative of the plaintiff.

(4) Place of residence at the time of filing the lawsuit. If the plaintiff is an individual, write the full address of residence (for example: Nguyen Van A, residing in village B, commune C, district M, province H); If the plaintiff is an agency or organization, write the address of the headquarters of that agency or organization (for example: Hin Sen Co., Ltd. has headquarters: No. 20 LTK Street, HK District, H City). .

(5), (7), (9) and (12): similar to instructions in point (3).

(6), (8), (10) and (13): similar to instructions in point (4).

(11) Issue requiring the Court to resolve.

(14) Names of the documents attached to the petition and which documents must be numbered (for example: documents attached to the petition include: copy of Marriage Registration Certificate, ... ).

(15) Information that the plaintiff considers necessary for resolving the case.

(16) If the petitioner is an individual, there must be the signature or fingerprint of that petitioner;

If the plaintiff or legal representative is illiterate, cannot see, does not make the petition himself, does not sign or fingerprint himself, then a person with full civil procedure capacity will testify and sign the petition.

If it is the agency organizing the lawsuit, the legal representative of the agency or organization initiating the lawsuit shall sign, clearly state his or her full name, position and affix the seal of that agency or organization.

In case the organization initiating the lawsuit is an enterprise, the use of the seal shall comply with the provisions of the Enterprise Law. If the plaintiff is illiterate, a witness must sign the confirmation according to the provisions of Point c, Clause 2, Article 189 of the Civil Procedure Code.

When does a spouse have the right to request a unilateral divorce in Vietnam?

Pursuant to the provisions of Article 56 of the Law on Marriage and Family 2014, divorce at the request of one spouse (unilateral divorce) is carried out in one of the following cases:

- When a spouse requests a divorce and the conciliation at a court fails, the court shall permit the divorce if it has grounds to believe that a spouse commits domestic violence or seriously infringes upon the rights and obligations of the husband or wife, which seriously deteriorates the marriage and makes their common life no longer impossible and the marriage purposes unachievable.

- When the spouse of a person who is declared missing by a court requests a divorce, the court shall permit the divorce.

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