14/04/2023 09:36

Is overseas divorce recognized in Vietnam?

Is overseas divorce recognized in Vietnam?

After getting married, my husband and I moved abroad. Now that we are doing divorce procedures abroad and we have a divorce judgment, will that judgment be recognized in Vietnam? "Kim Anh_Binh Dinh"

Hello, Lawnet would like to answer the following:

1. Is the divorce judgment/decision of a foreign court recognized in Vietnam?

According to Clause 25, Article 3 of the Law on Marriage and Family 2014, the definition of a marriage and family relation involving foreign elements is as follows:

Article 3. Interpretation of terms

Marriage and family relation involving foreign elements means the marriage and family relation in which at least one partner is a foreigner or an overseas Vietnamese or in which partners are Vietnamese citizens but the bases for establishing, changing or terminating that relation are governed by a foreign law, or that relation arises abroad or the property related to that relation is located abroad.

Thus, in case you and your spouse are Vietnamese but live abroad, it is determined that it is a marriage and family relation involving foreign elements.

According to the provisions of Article 125 of the Law on Marriage and Family 2014 on recognition and notation of judgments and decisions of courts and foreign competent agencies on marriage and family:

Article 125. Recognition and writing of judgments and decisions of foreign courts and competent foreign agencies on marriage and family

The recognition of judgments and decisions on marriage and family of foreign courts with request for enforcement in Vietnam must comply with the Civil Procedure Code.

The Government shall prescribe the writing in civil status registers of matters of marriage and family according to judgments and decisions of foreign courts without request for enforcement in Vietnam or without request for non-recognition in Vietnam; and decisions on marriage and family of other competent foreign agencies.

It can be seen that the divorce judgment of a foreign court is recognized in Vietnam in two cases:

- Case 1: If a foreign court's divorce judgment requires enforcement in Vietnam, you must carry out procedures to request recognition and enforcement of the foreign court's divorce judgment or decision in Vietnam.

- Case 2: If your divorce judgment or decision does not require enforcement in Vietnam and there is no application for recognition in Vietnam, you can carry out the procedures for recording in the civil status book the divorce that has been settled abroad at a competent agency (The recording in the civil status book will be done by the Department of Justice according to the provisions of Clause 1, Article 42 of Decree 126/2014/ND-CP)

2. Prescriptive periods for filing applications for recognition and enforcement in Vietnam

According to Article 432 of the Civil Procedure Code 2015, the prescriptive periods for filing applications for recognition and enforcement are prescribed as follows:

Article 432. Prescriptive periods for filing applications for recognition and enforcement

1. Within 03 years from the day on which the civil judgment/decision of a foreign Court takes legal effect, the judgment/decision creditors, persons with relevant legitimate rights and interests or their lawful representatives may submit their application to Vietnam’s Ministry of Justice according to provisions of International treaty to which the Socialist Republic of Vietnam and home country of such foreign Court are co-signatories or to a competent Vietnam’s Court specified in this Code to request recognition and enforcement in Vietnam of such civil judgment/decision.

2. In cases where the applicant can prove that he/she cannot submit the application within the time limit specified in clause 1 of this Article due to a force majeure event or an objective obstruct, the time periods when such force majeure event or objective obstruct occurs shall not be included in the time limit for submission of application.

Thus, the prescriptive period for filing applications for recognition and enforcement is 3 years from the date this judgment takes legal effect.

In case the recognition requester can prove that because of force majeure events or objective obstacles, he cannot submit the application on time, the time of such force majeure events or objective obstacles shall not be included in the application submission deadline.

3. Validity of decisions of Vietnam’s Courts on recognition and enforcement of civil judgments/decisions of foreign Courts

A civil judgment/decision of a foreign Court recognized and enforced in Vietnam by a Vietnamese Court shall be legally effective as a legally effective civil judgment/decision of a Vietnamese Court and shall be enforced according to procedures for enforcement of a civil judgment. (Clause 1, Article 427 of the Civil Procedure Code 2015).

Best regards!

Le Thi Phuong Ngan
447


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